Knife in the Back

Will: Let's just [unintelligible . And then, Justice Alito, I think, part of what marks him is just he is very committed to not being a chump. It's just another theory of precedent, in a way. He's very committed to the view that if this doctrine doesn't apply for the goose, then it also doesn't apply for the gander, and vice versa. That's popped up in a lot of famously strange concurrences.
Will: [chuckles] Not [unintelligible on that score. One of the consequences along the way is, I talk about the California v. Texas, the Affordable Care Act case that we talked about, and Justice Gorsuch was wrong to think that the Affordable Care Act was inseparable, although Justice Thomas and Justice Gorsuch--[crosstalk]
Dan: Okay, interesting. I don't know how Justice [unintelligible is under that task, because I'm not sure she has introduced huge new ideas that have been game changing, but maybe. Okay, you're not going to back away from that. Can we just talk about one other piece of Supreme Court trivia about the Justices? One second. Which I didn't know, maybe you knew. Remember Justice Brandeis who we've talked about, because we didn't remember, he is from Kentucky, even though Brandeis University is in Massachusetts. He cowrote this before he was a Judge, cowrote this famous article with Samuel Warren, who is his law partner about the right to privacy, this emerging common law right to privacy. That was very influential, highly cited. And I was actually looking at that article, we're using it in the Fourth Amendment article and saying that there's some intellectual connection between this and what the court has done.