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@ErrataRob @OrinKerr That assumes you regard that proceeding, without full briefing, argument, or decision, on a case later made moot, as being in the same category as the court’s regular cases. I suspect Kagan does not.
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@ErrataRob @OrinKerr Certainly, other justices like Kavanaugh don’t appear to, having abandoned his stance in Ray when Murphy came along, seemingly due to a wide scale public perception of religious bigotry on the court against non-Christians.