Notice & Comment

Fifth Circuit Review

Notice & Comment

Fifth Circuit Review – Reviewed: Judge Smith Listens To Strict Scrutiny (UPDATED March 17, 2020)

UPDATE: My original post, which appears unchanged below, confidently declares that Judge Smith’s invocation of the slogan “stare decisis is for suckers” in his CFPB v. All Am. Check Cashing dissent shows that Judge Smith listens to Strict Scrutiny. Since then, I received this helpful note from Professor Jonathan H. Adler, explaining why he doubts […]