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  • Perhaps sensing the dismal failure of its efforts to show that 'established by the State' means 'established by the State or the Federal Government,' the Court tries to palm off the pertinent statutory phrase as "inartful drafting.' This Court, however, has no free-floating power 'to rescue Congress from its drafting errors.'

    Antonin Scalia (2016). “Scalia's Court: A Legacy of Landmark Opinions and Dissents”, p.239, Regnery Publishing
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