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Re: Robert from yahoo bd post# 749655

Tuesday, 02/28/2023 9:21:25 AM

Tuesday, February 28, 2023 9:21:25 AM

Post# of 794627
right or wrong
accurate or biased

Kagan notes a concern - something to watch - by all interested in fair down the middle justice

Special canons like the 'major questions doctrine' magically appear as get-out-of-text-free cards,

So is Kagan saying that the MQD is being used even when the TEXT is pretty clear --- to in essence override legislative instruction --- with a bend to the politics of the conservative majority

Not saying one side - conservative or liberal is honest and the other dishonest - just I assume that those in the majority will BEND things - under "fancy" "doctrines" --- which when OVER applied are super dangerous -- be it Chevron or MQD ----- (to avoid the actual text when clear)