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this post was submitted on 27 Jun 2024
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Generally speaking, any person can take anyone to court for any reason, and any prosecutor can charge anyone for any reason.
Once it gets to court is where the “but your honor the Supreme Court said X Y Z” comes into it. And in a lot of cases that’ll get you off, and in a lot of cases that will mean the prosecutor won’t even try because the law is so clear that it would just be a waste of everyone’s time to make the attempt. But, the circumstances of the case and a compelling counter argument can make that not the only outcome, and the judge and jury have a lot of leeway up to and including “hey you know what I think the Supreme Court got it wrong as hell in this case, guilty guilty guilty.”
When it’s fairly applied (which is, certainly, not even close to all the time) it’s actually a very good system.
Precedents get overturned from time to time, and the way that generally happens is when a new case comes along challenging that precedent.
Maybe this goes nowhere. Maybe a conviction gets overturned on appeal. But maybe we could see a new precedent set. Might as well try, you're probably not going to find a better case to do it any time soon.
Wouldn't the establishment of a new precedent require the Supreme Court to overturn their previous ruling though? I'm not super familiar with the judicial system, so perhaps someone could tell me if I'm on the right track here with this hypothetical series of events
Is that a probably series of events? Obviously the suit being allowed to continue and the defendents being found guilty are huge assumptions, but, assuming they come to pass, am I on the right track here?