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Fail of the Day: Radar's 'Exclusive Breaking News'

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drcordell3/04/2010 1:44:52 pm PST

re: #311 Aceofwhat?

well (and i like the ‘micturate’ bit, so kudos there), if i bring an ‘as applies’ constitutional challenge and the court finds in my favor, i believe it’s incumbent upon the court to also consider whether it’s unconstitutional in my case, or would now be constitutional for anyone else given it’s unconstitutional in my case.

Right. You have that exactly right. And instead of carefully considering the implications of the fact that they are facially challenging 100 years of established court precedent, Roberts et al. simply ignore the issue. They pay it a tiny bit of lip service, but nothing serious. Nothing that belies the severity of the fundamental changes they are making to our political system.

Again, not saying that Roberts made the wrong decision here. But they did so with complete and reckless abandon for the proper way these things are done in the Supreme Court.