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Old October 27, 2020, 02:28 PM   #102
44 AMP
Join Date: March 11, 2006
Location: Upper US
Posts: 22,729
I can't know, and so won't speculate on the interaction between the personalities on the court.

I think that the "presumptively legal" and the "ducking of other issues" is a long established SCOTUS procedure.

The court is ruling ONLY on the case before them, nothing else, and other issues, though related, if not in the case before them, are not being ruled on, and therefore "presumptively legal" UNTIL they are specifically ruled on (which requires a different case be brought before the court with those psecific other issues in it.

its literally the courts way of saying "we're not ruling on that, today, and until we do, existing laws stand" The fact that other people take that to mean something other than the court meant, AND the court does not correct them is another matter.

I think we would all have been better off if the court had simply left that language out of the ruling entirely, what's done tis done...
All else being equal (and it almost never is) bigger bullets tend to work better.
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