Thursday, June 20, 2019
Justice Alito’s Second-Best Problem
One additional note on Gundy: Justice Alito’s concurrence is obviously struggling with the constitutional problem of second-best, one that I analyze here with respect to nondelegation and here, at book length, with respect to constitutional law and theory generally.
https://mirrorofjustice.blogs.com/mirrorofjustice/2019/06/justice-alitos-second-best-problem.html