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Thus it's pretty obvious that member states are free to leave any time they choose On this subject the late, great Antonin Scalia supposedly said, more or less
by PhantomGremlin 10y ago
Thus it's pretty obvious that member states are free to leave any time they choose
On this subject the late, great Antonin Scalia supposedly said, more or less: "we settled that issue 150 years ago".
it's the only reading of the supreme law of the land which makes any sense
Much to the frequent lament of Scalia, the supreme law of the land is no more and no less than what a majority of the Supreme Court chooses to believe at that particular time.
- wtbob 10y ago> Much to the frequent lament of Scalia, the supreme law of the land is no more and no less than what a majority of the Supreme Court chooses to believe at that particular time. Unfortunately that's true (and Justice Scalia was complicit in that: when he was right, he was typically really right, but when he was wrong he was rally wrong); that's why I've always respected Justice Thomas, who really does seem to attempt to consider what the Constitution actually says, requires and is silent on. The one saving grace is that the Supreme Court is not, despite what folks think, a super-legislature: it only has the power to rule in specific cases. There's nothing which prevents litigants bringing a similar case as one already decided, and the Court is free to ignore a previous, erroneous ruling. So there is some little hope that with the right justices it might ignore bad precedent.