Some U.S. Supreme Court justices think “original understanding” is the “alpha and omega of every constitutional question,” Justice Elena Kagan said Thursday, but “there are other people on this bench who do not.” She and others indicated they would need more justification for throwing out a court-created doctrine in a case that has potential consequences for special counsel-related prosecutions.
“Your argument seems, frankly, a little bit one-note,” Kagan told Jones Day partner Louis Chaiten at argument in the case Gamble v. United States. “You’re going to have to give me more.”
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