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It's really not that complex. The question is NOT whether the plan was a good idea or reasonable. The question was whether the Bankruptcy Code authorized the
by poopbreath5000 2y ago
It's really not that complex. The question is NOT whether the plan was a good idea or reasonable. The question was whether the Bankruptcy Code authorized the bankruptcy judge to approve the plan. It doesn't. It's really not more complex than that.
Courts cannot legislate from the bench. Why not? Because the Constitution says so; i.e., Congress gets to say what the statutes say, while the Judiciary gets to say what the Constitutions says. That's the balance of power under the Constitution.
To me...the waaaaaaay bigger and more intriguing thing is: the story underlying this split 5-4 decision.
I mean this spit the "right" justices and the "left" justices. J Jackson came out of nowhere and sided with four "right" justices. Like, what?
Also, I can't for the life of me understand how J Sotomayor and J Kagan could ever come to the conclusion that this sweetheart deal for rich billionaires, who made their money killing $247k humans, was a good idea and totally fine. Again, what? But no the efficacy of the deal doesn't legally matter and is irrelevant.
Nevertheless, we don't know that the victims will be harmed by this decision. However, we DO KNOW that the rich billionaires would have benefited if this decision went the other way.
Remember that.
There's gotta be a Pulitzer worthy story behind this split.