Garrett

[David Cruz]

On Thu, 22 Feb 2001, Marci Hamilton wrote:

> I couldn't agree more with Lynn Baker that unfunded mandates are
> unconstitutional and that Dole should be overruled (very likely in the RLUIPA
> litigation to come).
> [snip]

I'm confused by the juxtaposition here of the normative (Dole should be
overruled) and the seemingly predictive (very likely in RLUIPA
litigation).  Marci, are you predicting that Dole _will_ be overruled?
And, if so, I would love to hear your bases for thinking that the Chief
and Scalia are now prepared to change their mind about Dole (this assuming
that O'Connor has Thomas and Kennedy on her side of this issue).  I say
this not sarcastically, because I think there is some reason to expect
such a development -- indeed, I now teach Dole in Con Law for precisely
that reason, despite the lack of hours in the course -- but out of genuine
interest in your (or others') views of the signs.

-David B. Cruz, USC Law (Cal.)