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the case that not all five of the conservatives subscribed to. the truth is that was part of it. they did not articulate for the five justice majority exactly what the standard was. that will be complicated going forward. in several of the cases last week, particularly in the doma case, justice scalia delivered quite an impassioned oral dissent. joan, you recently published a piece about justice scalia s oral dissent. have they become even more impassioned over the years? it is hard to know when he is more revved up than not. he is always revved up about something. this time when he dissented in doma, he dissented for about 13 minutes. anthony kennedy only went on for eight minutes. the earlier one, scalia was on center stage for 11 years dissenting in the dna case, where the majority said it was ok if you were arrested to take a dna swab. he was very much against that. this is a genre of his. ruth bader ginsburg showed that it was one of first, too. it is the way for t

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