NOW THAT KAVANAUGH HAS BEEN SWORN IN, IS IT MORE LIKELY OR LESS LIKELY THAT THE COURT WILL GRANT REVIEW IN METCALF v. UNITED STATES?: I can make arguments running both ways. What I have a hard time understanding is why anybody would think the Thirteenth Amendment (slavery prohibition) gave Congress the power in 2009 to pass a law against racially-motivated hate crimes, long after any threat of slavery’s return had passed. But you can judge for yourself if you read this brief.