4 ms·
> They didn't answer it. They assumed it. Which is another way of saying: they didn't answer it. Because it wasn't necessary for the dispute in hand. > But Th
by jacques_chester 6y ago
> They didn't answer it. They assumed it.
Which is another way of saying: they didn't answer it. Because it wasn't necessary for the dispute in hand.
> But Thomas' dissent addressed the issue of the case, and arguably more directly than the majority's.
Thomas invented what he thinks Congress intended, through the usual the-law-is-only-what's-written-except-when-I-don't-like-it of American conservative jurisprudence. The copyright act was unclear on this question and that's why it came to court. The majority dealt with the actual dispute.
It should be noted that I prefer strict Dixonian legalism as a jurisprudential style. Thomas doesn't really do that. He cosplays.