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Curse of judicial minimalism

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Even when Supreme Court decisions are unanimous, the justices can be fiercely divided about fundamental matters, as was demonstrated by two 9-0 rulings last week. One overturned a Massachusetts law restricting speech near abortion clinics. The other invalidated recess appointments that President Obama made when the Senate said it was not in recess. In the first, four justices who concurred in the result rejected the majority’s reasoning because it minimized the law’s constitutional offense. In the second, four justices who…

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