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The Reid Technique also condones lying in certain circumstances, as long as it doesn’t involve “incontrovertible or dispositive evidence,” noting that the Supreme Court in 1969 in Frazier vs.

In one especially Kafkaesque incident, I was even shut out of a hearing on dispositive motions for my client, Daniel Hale, even though there was no classified information at issue.

The majority “presents tradition itself as the constitutional argument,” as though it is “dispositive of the First Amendment issue,” without any “theoretical justification.”

In a passage that must have made the liberal justices proud, Barrett continued: “Relying exclusively on history and tradition may seem like a way of avoiding judge-made tests. But a rule rendering tradition dispositive is itself a judge-made test. And I do not see a good reason to resolve this case using that approach rather than by adopting a generally applicable principle.”

"It will be easy enough" for bad actors to "cover their tracks in the end: just raise the 'possibility' of non-race-based decision making, and it will be 'dispositive,'" Kagan wrote in her dissent.