3 ms·
I would love to see the decisions overturned. Maybe with a majority originalist/textualist SCOTUS there’s a chance. I’m not holding my breath though.
by __blockcipher__ 6y ago
I would love to see the decisions overturned. Maybe with a majority originalist/textualist SCOTUS there’s a chance. I’m not holding my breath though.
- microcolonel 6y agoI hope the President chooses Allison Jones Rushing or Barbara Lagoa, because Amy Coney Barrett has cited Jacobson favourably.
- __blockcipher__ 6y agoI saw that too. I'm not sure how to feel about it. I know that lower courts are bound to uphold precedent via vertical stare decisis, but it sounds like even with the precedent as a given, she might have stretched it in a way she wasn't forced to. Do you have any thoughts here? ACB seems like the perfect candidate except for exactly what you mentioned. So I am very curious how much of that was her hands being tied versus her being unusually authoritarian. Because if it's the latter, I absolutely share your concern.