4 ms·
Contrary to the idealistic view courts do not simply judge cases on the merits and the law but most definitely do take into account practical concerns about enf
by saas_co_de 9y ago
Contrary to the idealistic view courts do not simply judge cases on the merits and the law but most definitely do take into account practical concerns about enforceability and public opinion.
Courts will generally not make rulings that undermine their own authority, so if they see that their ruling will be ignored anyway, that does shape their opinion.
After many state referendums legalizing cannabis, especially in western states which are already hostile to the federal government, the Supreme Court would think long and hard about the potential constitutional crisis that could arise from going against the popular will on this issue.
I expect they will find some new justifications for a more nuanced approach if the issue is put to them again.