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The Volokh Conspiracy

Josh Blackman · 21 Oct 2026

Read the piece on reason.com ↗

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Every claim below was made in this piece, quoted word for word and numbered in the order the piece makes them, so you can read it there rather than take our word for it. The sentence above each quote is our reading of the claim, not their wording. Each quote was checked against a stored copy of the page at build time; where the two differ, the quote is the fact.

  1. Kagan's point seems to be that ruling against the President that appoints you makes you a fair justice. That premise is only true if in fact that law does not support the appointing President's policy.
  2. I've come to believe that United States v. Nixon was a travesty, and the Justices who joined that were caught up in the Watergate swamp fever.
  3. It's possible that Justice Gorsuch simply saw the light after Bostock, but maybe there is another explanation: he cares more about children than he cares about transgender rights.

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