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b_b · 3599 days ago · link · · parent · post: Kartik Agaram: From Cognitive Biases to Institutional Decay
Interesting idea, in light of the Hobby Lobby decision. In that case, the Court wasn't interpreting the Constitution, but rather the Religious Freedom Restoration Act. The act was passed in the early 90s. Many of the legislators that crafted the bill are still alive, and many are still in Congress. They, therefore, could be interrogated directly. They filed an amicus brief on behalf of the government that said "THIS IS EXACTLY WHAT WE MEANT, AND WE CATEGORICALLY REJECT HOBBY LOBBY'S ASSERTION!" Justice Alito, in his opinion, interpreted what Congress "meant" as exactly the opposite of the original authors' clarification.Perhaps legislation should come with a Declaration of Intent, and commentary from those opposed.