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The Roberts Court and the War On Women


I have a piece on the latest “sovereign immunity” atrocity up.

One additional note: in a footnote, Ginsburg reiterated (correctly) that Congress should be able to abrogate “sovereign immunity” in such cases for any reason it sees fit.   Sotomayor and Kagan, however, didn’t join the footnote.   It’s not the biggest deal in the world — if the votes were otherwise there to overrule this bad line of precedent they might do so anyway — but there’s no reason to acquiesce.

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