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I thought we were referring to packing the federal courts. As judicial review is a power solely reserved for the Supreme Court, I don't think it applies to this
by aspaceman 6y ago
I thought we were referring to packing the federal courts. As judicial review is a power solely reserved for the Supreme Court, I don't think it applies to this discussion.
The phrase in question has a Wikipedia page: https://en.wikipedia.org/wiki/Subjective_and_objective_standard_of_reasonableness https://en.wikipedia.org/wiki/Subjective_and_objective_stand...
And a BAR exam study page:
https://www.quimbee.com/keyterms/subjective-standard-of-reasonableness https://www.quimbee.com/keyterms/subjective-standard-of-reas...
You don't get to just change the meaning of such phrases on a whim. Supreme Court or not. You'd be re-interpeting hundreds of years of case law for the sake of extending a single decision, which is easier and more subtle to do in a myriad of ways.
It's like worrying a programmer is going to redefine the meaning of the word compiler or something.
- dragonwriter 6y ago> As judicial review is a power solely reserved for the Supreme Court, It is not. “Judicial review” is just applying the heirarchy of laws top-down from the federal Constitution, and every court in the US federal system does it. Orders striking down federal laws as violating the Constitution often originate from District or Circuit Courts. Supreme Court involvement is not necessary for judicial review.