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the 20th century had you a conservative court repeatedly quashing progressive efforts to regulate the economy and labor and child labor and wage control and so forth, culminating when they started striking down the new deal, we may be facing a period when democrat start regaining the congress and passing that next iteration of what dodd-frank or that era is, that five-member block will be very tempted to repeatedly and systematically strike down that kind of thing. and so brett kavanaugh s performance here in which he s sort of reembracing his roots as a partisan player will complicate the institutional legitimacy of the court if that does come to pass. to get to your question, david, i think chief justice robert has developed a reputation of being moore concerned with preserving that legitimacy.

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