3 ms·
(IANAL) Because a procedural justification doesn't set the right kind of precedent. It says that the means to get to the court weren't right, but you can try ag
by zrail 13y ago
(IANAL) Because a procedural justification doesn't set the right kind of precedent. It says that the means to get to the court weren't right, but you can try again. A decision based on the merits of the case sets much more powerful precedent by saying that this case and any case that follows with similar merits must be decided by lower courts according to the SCOTUS ruling.
- dragonwriter 13y ago> Because a procedural justification doesn't set the right kind of precedent. Right, so its a weaker outcome. But if we assume that justices have ideological concerns with policy outcome, there is no reason that the selection to make a procedural decision would be any less a subject to those concerns than the selection to make a merits decision. In fact, the fact that it is a weaker outcome (on the subject addressed by the substance of the case) than a merits decision with similar effect in the immediate case would in some cases be the motivation for pursuing it for an outcome-oriented justice.