Post #21994 by albaby1 on the US Policy board

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I am not a lawyer. But if Sotomayor and Jackson are concerned, so am I. What I have read about their dissent doesn't mesh with the picture you're turning to paint.

I'm not concerned. I've read a lot of dissents. When the dissent genuinely thinks that there's a plausible problem with applying the majority opinion, they will actually spend some time elaborating on how that will play out. They'll specifically apply the majority ruling to the scenario they're talking about and discuss how it would fit the facts of that scenario. When they toss things off in a "parade of horribles" in a single sentence, it's usually more of a rhetorical point than a considered projection of the legal doctrine in another situation.

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