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Oh, Nino

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The week after I tried to offer a limited defense of Scalia in comparison with his reactionary brethren, his opinion in AT&T Mobility v. Concepcion could have been written by Alito himself. Its attempt to justify a very strained reading of the statute relies on pro-business policy arguments and bad slippery-slope arguments, and in particular he seems to have forgotten his frequent lessons about how we’re bound by what Congress writes and not by the results some members of Congress might have intended.

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