3 ms·
> one rarely sees a ruling that isn't reasonable Not so true of this incarnation of SCOTUS. It's amazing when they dont delay or rule (by majority) via ridicul
by Supermancho 2y ago
> one rarely sees a ruling that isn't reasonable
Not so true of this incarnation of SCOTUS. It's amazing when they dont delay or rule (by majority) via ridiculous interpretation.
- shadowgovt 2y agoThe interpretations break with precedent but they are rarely ridiculous. As detestable as I find the outcome, Roe v. Wade built a right to privacy out of whole cloth where none existed before, and whether that was good law has been hotly debated ever since it was decided (https://scholarship.law.missouri.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=3681&context=mlr https://scholarship.law.missouri.edu/cgi/viewcontent.cgi?ref...). It's within the purview of SCOTUS to go "This was bad lawcraft done by our predecessors, and we reverse it based on this reasoning..." We can disagree with their reasoning, but my main point is you rarely see a ruling from SCOTUS that is nakedly "Because I said so," even though that's de facto the power they have. The initial Roe decision was shaky. "That was a shaky decision, so we have reversed it" was at most equally shaky. It's hard to argue that one is well-reasoned and the other not (though I think there's room to disagree on what facts the two Courts considered).