The Importance of Being Earnest

Sadly, no large-scale post today, but I will explain why. When federal courts issue precedential decisions, reversing long-standing practice, they should explain why, so the rest of us know precisely what’s going on, and don’t have to stay up ’til all hours of the night guessing what, exactly, permits one court to dispose of two identical cases differently. “It is the province and duty of the judicial department to say what the law is.” I would hold that that duty is not discharged by substantially unexplained decisions.

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4 comments

  1. Am I right in guessing this is about Ashcroft v. al-Kidd?

  2. Ah, this was about a lower court decision that’s wreaking havoc lately. Sadly you don’t have to be one of the nine to do a lot of damage…

    1. Still I would like to hear your opinion on the case, when I was reading about it my first thoughts were this blog.

  3. I will see what I can do :)

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