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Dan Bielaski's avatar

Just as someone of the Christian faith can find a passage somewhere in the Bible to defend just about any view, it seems this Court picks and chooses bits and pieces of law that will prop up whatever ideologically-driven decision they wish to reach.

Justice Jackson's dissent echoed Prof. Vladeck's admonition about the majority 'burying their heads in the sand', pointing out that "more and more of our most significant rulings (are) taking place in the shadows of our emergency docket...leav(ing) less and less of a trace." Sure seems that the conservative majority on the Court have no intent on reversing their pattern.

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Rick Geissal's avatar

I and some of my classmates in the first year of law school recognized that Justices and judges regularly do what you describe in your first paragraph.

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