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Yes, it’s an technicality and this is a frequent outcome in Supreme Court cases. They often rule as narrowly as possible, regularly on technicalities. It fits t
by tyre 3y ago
Yes, it’s an technicality and this is a frequent outcome in Supreme Court cases. They often rule as narrowly as possible, regularly on technicalities. It fits the separation of powers to create as little legal reality that relies on precedent. Lower courts almost always have enough to go on and Congress ultimately makes the laws.
Things like the Rogers test are inexact and need rulings themselves, but once that’s sorted out then a lower court knows how to rule.