Stefan is still sidelined, so I’m again going solo to talk about judicial review. Justice Stephen Breyer announced his retirement, and we’re already starting to hear about possible replacements. So, get ready to listen to pundits talking about stare decisis and judicial activism.
In this episode, I will explain some of the significant theories of judicial review and explain why it doesn’t matter.
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And remember, the conclusion you reach is less important than the process you follow to get there.
Will we ever be able to cut through the noise and agree on the COVID situation? We likely won’t ever reach a level where we have separated the bare facts about COVID from the fiction, let alone agree on what those facts mean when viewed through our individual moral lens. And that’s okay as long as we arrive at our own personal truth honestly.
OSHA withdrew its vaccine mandate, which is good news, but it’s not necessarily the last time we’ll hear about it.
The U.S. Supreme Court isn’t a collection of unbiased legal scholars coldly reviewing constitutional questions when it comes down to it. The justices are as free to bend to their morals as any of us. Theories of Constitutional interpretation aren’t hard and fast rules the justices must apply but are often a mechanism for justifying decisions after the fact.
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