2 ms·
> decisions of vast “‘economic and political significance." How is "economic and political significance" defined? From what I understand of the decision, it's
by jcranmer 4y ago
> decisions of vast “‘economic and political significance."
How is "economic and political significance" defined? From what I understand of the decision, it's defined as "6 of 9 people on SCOTUS don't like this regulation." And the deeper you dig into it, the more you find that these 6 people are willing to throw out just to be able to strike down this policy decision.
Supposedly, these 6 justices are advocates of textualism--the actual text, as written in the statute, should be dominant in the analysis of what can and can't be done in terms of interpretation. And here they completely ignore that in favor of trying to second-guess what Congress intended because... they can't use textualism to achieve what they want, I guess.