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Adam Unikowsky's avatar

Sorry folks, in the email version that went out there were two copies of the reply brief but zero copies of the opening brief - I'm not sure what caused this, as it looked correct when I clicked "send." I think it might be a Substack error rather than an Adam error. Anyway, it's correct in the web version of the post.

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Daniel Fox's avatar

I'm pretty sure that Justice Scalia's "Mahatma Gandhi" reference in Clinton alludes to Cole Porter's song, "You're the Top."

You're the top,

You're Mahatma Gandhi.

You're the top,

You're Napoleon Brandy.

You're the purple light of a summer night in Spain.

You're the National Gallery,

You're Garbo's salary,

You're Cellophane!

Cf. County of Sacramento v. Lewis, 523 U.S. 833, 861 (Scalia, J., concurring in the judgment) (describing "shocks-the-conscience" as "the Napoleon Brandy, the Mahatma Gandhi, the Cellophane of subjectivity").

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