Well that’s the thing with SCOTUS. You have to ask them to have an opinion on something. They probably wouldn’t have had a problem with national injunctions under Biden if that authority had been challenged in court. And then we would have already had that precedent from literally the same judges for to rely on now.
I know. But it is different overturning a 70 year old precedent set by judges who have all since died, versus overturning your own precedent set <5 years ago with all of the concurring judges still on the bench.
Well that’s the thing with SCOTUS. You have to ask them to have an opinion on something. They probably wouldn’t have had a problem with national injunctions under Biden if that authority had been challenged in court. And then we would have already had that precedent from literally the same judges for to rely on now.
Prescient is irrelevant, Row v Wade
I know. But it is different overturning a 70 year old precedent set by judges who have all since died, versus overturning your own precedent set <5 years ago with all of the concurring judges still on the bench.