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Is the routine reporting of who appointed what judge a new (ish) thing? Was there a time when, for all but the most controversial opinions, we did not care about that?

What do we DO with a justice who decides he know better that the district court about the credibility of a witness, without having actually seen that witness? I can see rejecting reliance on a witness where the witness is dead wrong--say, in a boundary dispute going with the testimony of a witness who argues that because the earth is flat the measurements change. But credibility?

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Kagan in "this is some b.s. you are trying to sell us" mode.

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It was quite a day for her; listen to it if you can. I had to focus on Alito because, but she was on fire today.

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Oct 12, 2023Liked by Chris Geidner

Yes, I listened to much of the argument, including early on when Kagan said the advocate was making up some rule.

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Yup! That’s in my Slate piece! (I thought it was in my selection here, but I guess not.)

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So, Alito was outvoted in Allen v Milligan, contra Rucho, and he's back again with (mis)arguing "clear error" doctrine in order to avoid confronting the "racial" component of the SC gerrymandered redistricting map, per Sect 2 of the VRA...is this close to what this is about?

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