[Brett] Kavanaugh theorized that a left-leaning state could offer a $1 million bounty against those who sell an assault rifle, like an AR-15, then claim it wasn’t using state power because only private parties could bring the suits.
Hadn’t thought of that. Ha.
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You and Me Against the World
‘It’s hardly traditional to get injunctions against judges, injunctions against everybody, right?’ [Chief Justice] Roberts said. ‘That’s part of the relief you seek, isn’t it? … So you’re seeking an injunction against the world?’
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Genius Loco
Much of the debate revolved around a 1908 case, Ex Parte Young, where the Supreme Court ruled that state officials could be sued in federal court to prevent them from trying to enforce unconstitutional laws.
‘Some geniuses came up with a way to evade the commands of that decision as well as the command [of] the broader principal that states are not to nullify federal constitutional rights,’ Justice Elena Kagan said. ‘To say, ‘Oh, we’ve never seen this before, we can’t do anything about it,’ I guess I just don’t understand that argument.’