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this post was submitted on 21 Jun 2024
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Not having legal precedence is hardly a reason to dissent, Thomas.
I'm pretty sure the 13th amendment had about the same level of legal precedence too.
Under the Bruen test it is. Even the majority would agree with that. Thomas differed from them by stating that the laws proposed in the main opinion were not relevantly similar enough to the one before the correct.
The test wouldn't apply to the 13th amendment because that's a constitutional amendment, and not a law allegedly impacting a right.