Reminder for the morning. (Not as obviously applicable given the novel question, but feel free to modify as necessary.)
@OrinKerr We shouldn’t whitewash this court’s abandonment of stare decisis for evident power politics. It’s not both sides
@OrinKerr This assumes every case might brush up against a precedent. What happens when SCOTUS takes up the 3rd Amendment? cc: @3ALawyersAssn
@OrinKerr I reserve the right to also sometimes claim the existing precedent was pure politics, and overturning it was an example of following the rule of law.
@OrinKerr As a crazy person, I think either ruling upholds the rule of law in this case. There's no clear answer, there are good reasons for ruling in either direction, and it's not an easy decision. That said, it is politics. But that's also the norm.
@OrinKerr @jadler1969 Mostly politics in the most political cases
@OrinKerr Holding: unanimous. Reasoning: split. Weird join combinations among sections of multiple opinions.
@OrinKerr Novel new category of “Crassly ecstatic about the result, know the thinking is badly wrong, and terrified of the weird fallout that will ensue” needed.
@OrinKerr Do you have a prediction of how it'll go?