More than nonlawyers would expect, the justices are fair-weather textualists, demanding strict adherence to congressional language when it suits them and inferring hidden implications when that’s more convenient.
June 1, 2015
What the Abercrombie Bias Case Might Mean for Obamacare
[Not only more than what we expect but far more than what we can tolerate.
When they are inconsistent we don’t know what the “law” is at the time you make your life choices. Can you really call it “law” when it depends on the whim of someone in a black robe a thousand miles and years removed from the scene and time of the “crime”? In order for the law to be just it must be knowable at the time you make your choices.—Joe]