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This is really a failure of Congress. SCOTUS shouldn't even be in the business of forcing reinterpretations of these laws - Congress should realize it's being (
by tdhoot 7y ago
This is really a failure of Congress. SCOTUS shouldn't even be in the business of forcing reinterpretations of these laws - Congress should realize it's being (mis/re)-interpreted and reactively clarify. That's how the system worked until we got a deadlocked legislature and it's how it works in other countries.
- jdsully 7y agoIn Canada it’s common for the Supreme Court to give parliament time to fix issues with a law before it’s ruled unenforceable. Under the argument a small delay is better than a free for all.
- tdhoot 7y agoThis is true in the US too, but gridlock doesn't fix itself in the time period. Even in Canada there have been multiple occasions where Parliament did not act within the time limit and now there is no law at all.