Ars OpenForum

graylshaped said:

I'll tag on to that. Sotomayor wrote "the majority also upends the statutory incentive structure that Congress created.” Truth is, Your Honor, the statutory incentive structure Congress created was capital-B Baaaaad. What Congress created was a presumption of guilt.

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Yeah, but Congress should fix it, not judges.

While the specific outcome here limits harm, the long-term habit we have of judges "fixing" bad laws or "fixing" "gaps" in our legislative framework (a.k.a legislating from the bench), has definitely made for some aforementioned "6-3 ratfuckery"

But, hey, that's not going to change by me bitching on ars, so if they judges are going to legislate, the least they could do is legislate intelligently, as they did here. Randomly Benevolent or Evil Dictators For Life ?