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The Supreme Court isn’t limited to what has an actual legal basis. Like jury nullification it’s a loophole arising from being the ultimate arbitrator.
by Retric 2y ago
The Supreme Court isn’t limited to what has an actual legal basis. Like jury nullification it’s a loophole arising from being the ultimate arbitrator.
- smlavine 2y agoYeah, but they still have to argue something in the decision that isn't "we don't like this law". They have to argue that the state doesn't have the constitutional authority to make the law, or something like that.
- telios 2y agoI'm not sure that's stopped them; it would be trivial for them to find some reason, as long as it leads to the conclusion they want.
- jfoutz 2y agoNo they don’t. Opinions are customary, but there is no law or regulation requiring that. Lawyers make arguments. Judges make decisions.
- deleted 2y ago[deleted]
- dartos 2y agoNo, they really don’t. The supreme court’s power isn’t checked. The justices have the final say on just about everything.