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PaperclipPerfector  2yr ago (text post)   36446 thread views

Culture War Roundup for the week of June 26, 2023

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I didn't interpret your comment as sarcastic, considering that @Jiro, @guajalote, and @jeroboam all made the exact same point. It would be weird if you were all being sarcastic. Clearly this is a framing that some people actually believe in.

Yes, obviously some people believe their side is following the legal reasoning to reach a conclusion and the other side is picking a winner. I think in this case that's wrong, but not as wrong as believing that both sides are following the legal reasoning to reach a conclusion. I think in these cases both sides picked the outcome first. I happen to think the legal reasoning is better on the conservative side in these cases, but I don't believe the justices weren't results motivated. Probably the weakest bit of reasoning in the recent "tribal" decisions is not in an education decision but in the gay wedding site case, not in the main holding (which is ironclad, IMO) but the granting of standing.

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