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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
by 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.