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Sunday, June 29, 2014

Baudewatch:
the comments at the washington post aren't working for me tonight.
"Unable to retrieve Canvas config from the storage".
Baude has a post on the recent noel canning case.
http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/06/29/responses-to-my-noel-canning-piece/

I was going to comment something to the effect that Scalia's argument in Noel Canning is backwards from what he argued dissenting in McIntyre v Ohio. In McIntyre, he argued for a living constitution, where rights expire if not used by the best-by date. This is the opposite of what he is usually known for.



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