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Bench Memos

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Reconciling Brown and Plessy



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Sen. Graham asks how Brown and Plessy can be reconciled if one believes in “strict constructionism,” and Kagan talks about how precedents, circumstances, and understandings had changed in the meantime — an odd response, rather than just saying that one or the other was wrong. But that obvious answer only jumps out at someone who believes that texts have meaning.



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