Yeah this one is almost scarier than any other for the precedent it sets. While most of the actual decisions this term were bad but par for the course of a conservative majority court (with a few pleasant surprises like rejecting racial gerrymandering, dismissing independent legislature theory, and reaffirming Native adoptions) this case was uniquely dangerous for being just conjured from thin air. The idea that you can take an issue to court over something that was proven to be entirely hypothetical prepares the way for more ready-made cases designed to create a particular legal outcome.
this post was submitted on 03 Jul 2023
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