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Laws aren't (and can't) be written to cover all current and future use cases. The judicial branch is meant to provide interpretation of the law. Federal court
by devoutsalsa 3y ago
Laws aren't (and can't) be written to cover all current and future use cases. The judicial branch is meant to provide interpretation of the law.
Federal courts enjoy the sole power to interpret the law, determine the constitutionality of the law, and apply it to individual cases. The courts, like Congress, can compel the production of evidence and testimony through the use of a subpoena.
https://www.whitehouse.gov/about-the-white-house/our-government/the-judicial-branch https://www.whitehouse.gov/about-the-white-house/our-governm...
- JustBreath 3y agoIt's true laws don't account for the future. It's also true that laws can be created and updated by other means and quite often the judicial branch is used as a fast pass extension of the legislative branch. The problem when you do this - especially on questionable legal arguments - is you're essentially setting up the future to have to fight for that right all over again, as we've seen with Roe v. Wade. You can't take a section of the constitution that's about citizenship, infer a right to privacy and then extend that to abortion and not expect that flimsy foundation to be challenged later when the right 5 people happen to be present.