Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Thursday, June 20, 2019

Justice Alito’s Second-Best Problem

One additional note on Gundy: Justice Alito’s concurrence is obviously struggling with the constitutional problem of second-best, one that I analyze here with respect to nondelegation and here, at book length, with respect to constitutional law and theory generally.


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