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  1. …in reply to @benjaminwittes
    @benjaminwittes @marty_lederman @JoshMBlackman That may be overstated. Conflates clear bipartisan consensus that the old IC statute was a bad idea (& so Scalia's dissent vindicated on policy grounds) with the notion that Rehnquist's abstract legal analysis in Morrison (& Humphrey's Executor) is now widely seen as dubious.