Sure, they would still adhere to originalism. But they would knowingly create a precedent where it doesn’t apply. Future Justices are supposed to respect precedent, so this means handing future liberal courts a useful new tool to dismantle their contribution to legal theory.
Is saving Trump from himself worth ending their own legacy?
I’d really like to think that these justices still care about things like legacy and consistency, but I’m not sure that’s the case. I suppose we’ll find out soon enough.
That, or they’ll punt the ruling on some bullshit like waiting for Congress to act. That seems most likely at this point.
Sure, they would still adhere to originalism. But they would knowingly create a precedent where it doesn’t apply. Future Justices are supposed to respect precedent, so this means handing future liberal courts a useful new tool to dismantle their contribution to legal theory.
Is saving Trump from himself worth ending their own legacy?
I’d really like to think that these justices still care about things like legacy and consistency, but I’m not sure that’s the case. I suppose we’ll find out soon enough.
That, or they’ll punt the ruling on some bullshit like waiting for Congress to act. That seems most likely at this point.