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> SCOTUS is a legal institution that interprets laws given the facts and case in front of them. >that people who want the US Supreme Court to ratify "sensible"
by avs733 5y ago
> SCOTUS is a legal institution that interprets laws given the facts and case in front of them.
>that people who want the US Supreme Court to ratify "sensible" mandates and orders coming out of the Executive Branch even if they're legally sketchy should perhaps be careful what they wish for.
Yes...based on facts and laws...what are the facts and the laws in each case. Start with the facts, they are pretty simple.
- ghaff 5y agoYou can read the decisions and there's no shortage of expert commentary on important SCOTUS decisions. If you actually care you're far better off going there than relying on comments from mostly non-lawyers.
- SllX 5y agoThe facts before them, which are provided by the plaintiff’s and defendant’s lawyers who are both charged with providing their best arguments; and according to the laws written by Congress. This is not a small distinction.
- WillPostForFood 5y agoThe use of facts in the Supreme Court is to determine whether a law is legal, not good policy. The court is a check on legality of the actions of other two branches, not a check on their judgement.
- ghaff 5y agoI assume that any mandates re: vaccinations passed by states that roughly conformed to the facts of Jacobson v. Massachusetts would probably not even be taken up by SCOTUS as they would be matters of settled law (and have been effectively held up in more recent cases related to school vax requirements). However, expanding this to OSHA requirements was a bridge too far for (some) justices.