Will Baude

Yeah.

At least, I mean, I agree.

Right.

Yeah.

He said, look, this part of the law, it's true.

You know, this was enacted by a very bad legislature as part of a very bad law.

But then the good guys were OK with it.

And so that actually shows that even at the time, this was thought to be a permissible form of regulation.

That's the story, at least.

I don't think that was I mean, I don't know if it's going to work.

Even if it's right.

It did remind me a lot of Ramos, which the court justice mentioned several times, where the court strikes down non-unanimous juries, at least in part.

One of the moves in the case is that non-unanimous juries were adopted by racist legislatures for bad reasons.

And then Justice Alito in dissent is like...

I don't know.

This has nothing to do with the case.

Right.

He's like, this argument is going to kind of get out of control.

Like, are we saying that if it had been done by, you know, was also done by Puerto Rico, maybe for okay reasons.

So I'm not sure that the... Yeah, do you think he'll flip on that here?