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Because falling under heightened scrutiny would produce the desired result. That's it.
Jackson can play the game. I find her unimpressive as well but she seems at least aware that her arguments should have, well, arguments. She knows the law ok and will go through with the ritual of tortured interpretations and equivocations to forward the Cause. The conservatives do this too; don't be blinded by agreeing with them. Although I would argue the current group are much better at it. Sotomayor doesn't care at all, nor does she put more than a token effort to try to hide it. Her writings look superficially like a considered legal decision, but even to a non-lawyer if you apply any scrutiny at all many of them completely fall apart into the absurd.
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