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Will: [unintelligible piece. So, maybe I'm being too generous. And I wasn't sure. Is this the first time Justice Alito has joined this argument?

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Will: But he now at least seems to be expressing more openness than I'd seen before to the possibility that it's the right rule in the non-APA cases. Not committing to it. And here, he's looking at it for practical reasons but that's interesting. And in any case, here he's going along with a decision to lift the stay as to the [unintelligible party. So, yeah, he's clearly somewhat open to it.

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Will: [unintelligible [laughs] nervous about this one.

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Will: Not Fourth Amendment violations, usually. And maybe those are not usually perpetrated by the state. They're perpetrated by individual officers. All this depends on [unintelligible .