have gone further than the plurality and argued that the TCPA's entire robocall restriction is a content-based restriction that fails strict scrutiny and thus could not be constitutionally enforced. Justice Stephen Breyer, joined by Justices Ruth Bader Ginsburg and Elena Kagan, dissented, stating that strict scrutiny was not the correct standard to use. Justice Breyer disagreed with language in Reed v. Gilbert. He suggested that content discrimination should not always trigger strict scrutiny. Instead, the Court should consider "First Amendment values," applying strict scrutiny in cases involving "political speech, public forums, and the expression of all viewpoints on any given issue," but use a less strict standard when a case, as here, "primarily involves commercial regulation—namely, debt collection." In Breyer's view, courts should not "use the First Amendment in a way that would threaten the workings of ordinary regulatory programs posing little threat to the free marketplace of ideas." Severability With a majority of justices agreed that the debt-collection amendment was unconstitutional, the question arose whether the amendment could be severed from the rest of the TCPA, or whether the whole law was invalid. The Court ruled 7–2 that the amendment was severable. Seven justices followed Kavanaugh's severability analysis, and would preserve most of the TCPA. Kavanaugh's opinion noted that the TCPA has an express severability clause. Even without this clause, the Court should apply the "presumption of severability" and allow as much of the statute to stand as possible. As Kavanaugh wrote, "constitutional litigation is not a game of gotcha against Congress, where litigants can ride a discrete constitutional flaw in a statute to take down the whole, otherwise constitutional statute." Justices Gorsuch dissented from this part of the ruling, joined by Justice Thomas. These justices would issue an injunction preventing enforcement of the TCPA, allowing political robocalls to go out to cellphones. Toilet flush The case was also brought to international media attention after a toilet was heard being flushed during oral arguments. The FCC chairman Ajit Pai stated on Twitter "...the FCC does not construe the flushing of a toilet immediately after counsel said "what the FCC has said" to reflect a substantive judgment of the Supreme Court, or of any Justice thereof, regarding an agency determination." Though it is not known for certain where the toilet flush came from, Slate alleged it came from Justice Breyer's microphone due to a history of technical difficulties with Zoom