Over the past day or two, Bench Memos suffered some glitches that prevented new posts from appearing via some browsers, including, I think, Internet Explorer and Safari (used on iPads and iPhones). So if you are using any of those browsers, I invite you to scroll down to read what you might have missed.

About the Author
Ed Whelan holds the Antonin Scalia Chair in Constitutional Studies at the Ethics and Public Policy Center and is a regular contributor to National Review’s Bench Memos blog.
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