Opinion | How the Supreme Court Set the Stage for the Jan. 6 Riot

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Opinion | How the Supreme Court Set the Stage for the Jan. 6 Riot
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From WSJopinion: On the second anniversary of the invasion of the Capitol on Jan. 6, 2021, it’s worth considering how politics—and especially presidential elections—have increasingly become like warfare, writes Philip Hamburger

Journal Editorial Report: Fearless forecasts from Kim Strassel, Bill McGurn, Dan Henninger and Paul Gigot. Images: AFP/Getty Images Composite: Mark KellyOn the second anniversary of the invasion of the Capitol on Jan. 6, 2021, it’s worth considering how politics—and especially presidential elections—have increasingly become like warfare. A pair of developments—one legislative, one administrative—have raised the political stakes.

For a long time, the implications of this were muted because neither Congress nor the agencies took full advantage of what they might get away with under the court’s doctrines. But in recent decades, the federal government has relied on the court’s expansive vision of its legislative power to regulate education, speech, healthcare, insurance, sexual relations, and other areas that once seemed largely beyond Washington’s reach.

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