Divided Argument
Double Negatives
Oren Kerr
I realize there's a risk of that. But yeah, Davis is decided in 2011 and then it takes four or five years and then the cases really dry up. And so there just aren't – there are preexisting splits, but you don't have many cases where lower courts say, well, here's this deep split. We're going to pick a side and gosh darn it, that's the remedy. Like the bad guy goes free and that's it.
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