We've focused a lot on mootness with this case, but I want to go beyond that because I have an interesting thought that I'd like to discuss with all here that relates to the case.
So, let's say SCOTUS rules on this case and creates a strict scrutiny standard for all future cases. That all sounds well and good, but what exactly makes lower court judges in the district and appeals courts have to abide by that standard? What's the penalty if they don't?
Impeachment?
Does anyone here really think that the Congress would remove a judge for not following a SCOTUS ruling?
I think we're putting too much hope on this case to be some landmark case that alters US history.
I doubt the Chief Justice wants to leave that possibility open. Watch for a 5-4 ruling in favor of the law in June and to ease the fears of restructuring that senators wrote in an open letter months ago.
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"We always think there's gonna be more time... then it runs out."
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