- 26 Feb 2024 18:18
#15305623
“It sounds almost crazy when you put it that way, doesn’t it?” said Lee Epstein, a professor at the University of Southern California and principal investigator for the Supreme Court Database, a long-running project to catalog and analyze every vote by every justice. “It’s made-up history. No sense of judicial humility. No sense of letting governments work out their problems.”
The Bruen decision invalidated dozens of state and federal laws, upended longstanding legal regimes, and befuddled lower-court judges who have tried to apply it in the absence of a staff of trained historians. It also left many law professors (not to mention historians) speechless.
“Flat-out bonkers,” said Sandy Levinson, a professor at the University of Texas law school and author of multiple books on the Constitution. “I try to imagine, what if this were a seminar paper? Who knows what grade you’d give it? It’s so strange as an exercise in what we might call legal reasoning. But it’s not a seminar paper; it’s a majority opinion of the United States Supreme Court. So what am I supposed to do with that?”
Professor Friedman, of N.Y.U., said, “When you combine overruling with no appreciable change or explanation other than that the membership of the court has changed, what you have is naked power.”
It looks like the Rule of Law and democracy will die at the same time.
https://archive.is/khFlb#selection-4925.0-4925.195
The Bruen decision invalidated dozens of state and federal laws, upended longstanding legal regimes, and befuddled lower-court judges who have tried to apply it in the absence of a staff of trained historians. It also left many law professors (not to mention historians) speechless.
“Flat-out bonkers,” said Sandy Levinson, a professor at the University of Texas law school and author of multiple books on the Constitution. “I try to imagine, what if this were a seminar paper? Who knows what grade you’d give it? It’s so strange as an exercise in what we might call legal reasoning. But it’s not a seminar paper; it’s a majority opinion of the United States Supreme Court. So what am I supposed to do with that?”
Professor Friedman, of N.Y.U., said, “When you combine overruling with no appreciable change or explanation other than that the membership of the court has changed, what you have is naked power.”
It looks like the Rule of Law and democracy will die at the same time.
https://archive.is/khFlb#selection-4925.0-4925.195
Facts have a well known liberal bias