The dangers of result oriented jurisprudence-
Many courts have decided first what result they want, then tortured law, language and reason to make that result happen. This is not just a problem in constitutional law; it makes a hash of the law of many states as well.
I have a huge problem with this, whether the results obtained are to my liking or not.
There is a process for changing the constitution and convoluted reasoning is not it.
My view is that since the unconstitutional policies of FDR were rammed through by the leftist court, this problem has gotten progressively worse. It has also be practiced by those on the right.
They seek to implement a political agenda and then go about twisting logic and the intended meaning of the constitution to do it.
The whole notion that the court is, or is to be apolitical has become a farce.