4 ms·
Yeah, that's an issue with how the US justice system works, and a natural tradeoff from the other properties it has. The legal system works off of precedent and
by ThrustVectoring 8y ago
Yeah, that's an issue with how the US justice system works, and a natural tradeoff from the other properties it has. The legal system works off of precedent and cannot write law, so there's no binding opinion until and unless it comes up in a legal case. Also, you have to be harmed by a law in order to have standing to challenge it. So as long as people aren't getting harmed by the lack of an "obvious" legal conclusion, the courts will basically just let it sit there until someone comes and challenges it, whereupon the "yeah, that's absurd, we're going to give a unanimous Supreme Court decision on this" comes into effect.
Sometimes it gets into a weird dynamic where the lower court knows that the Supreme Court would overturn their decision, but there isn't precedent, so they deliberately make a ruling that they expect the Supreme Court to review (and overturn) on appeal.