“Laws for thee, but not for me…” Ingroups laws protect but do not bind, etc. Yup, absolutely cannot run a “conservative” (fascist) government without a huge helping of hypocrisy.
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See also, “You can’t gerrymander based on race, but here’s a dissent with a blueprint on how to gerrymander based on race in a way we will definitely uphold…”
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Sandra Day O’Connor was notorious for writing opinions like that. She’d say something was unconstitutional and then add things like “If, instead, the city/state/Congress had enacted a law that did x, y, and z instead of just x and y, then this would likely not violate the xth Amendment.”
ETA: Here’s a good example of that. O’Connor’s concurring opinion in Chicago v. Morales, an anti-loitering case. CHICAGO V. MORALES
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