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https://en.wikipedia.org/wiki/Declaratory_judgment https://en.wikipedia.org/wiki/Declaratory_judgment > A declaratory judgment, also called a declaration, is t

by shagie 3y ago

https://en.wikipedia.org/wiki/Declaratory_judgment https://en.wikipedia.org/wiki/Declaratory_judgment > A declaratory judgment, also called a declaration, is the legal determination of a court that resolves legal uncertainty for the litigants. It is a form of legally binding preventive by which a party involved in an actual or possible legal matter can ask a court to conclusively rule on and affirm the rights, duties, or obligations of one or more parties in a civil dispute (subject to any appeal). > ... > A declaratory judgment is typically requested when a party is threatened with a lawsuit but the lawsuit has not yet been filed; or when a party or parties believe that their rights under law and/or contract might conflict; or as part of a counterclaim to prevent further lawsuits from the same plaintiff (for example, when only a contract claim is filed, but a copyright claim might also be applicable).

shadowgovt 3y ago
What is disquieting in this context is that SCOTUS is generally not in the business of handing out declaratory judgments. After all, if they start extrapolating on what could happen if a given course of action were taken, that gets disquietingly close to legislating from the bench. It's odd behavior for Originalists, who, if anything, one would assume, would hew far more closely to the power of the courts at the time the Constitution was framed, which was very little.
- Eddy_Viscosity2 3y ago
  > It's odd behavior for Originalists But it is perfectly on-brand behavior for this particular court who very much develop decisions by working backwards from their desired outcome.