The Supreme Court’s Shockingly Effective Tactic for Having Toxic Opinions Ignored

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Jurisprudence News

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The Supreme Court’s conservative justices have delivered seismic shocks to the legal system in recent days.

, a 40-year-old precedent that gave federal agencies leeway to interpret ambiguous statutes. These attention-grabbing decisions have upended the bedrock of modern constitutional and administrative law.are the latest high-profile rulings in which the conservatives have unabashedly smashed long-standing precedent and practice over the dissents of the liberals. You’ve heard about many of them. They includeExplicit overrulings capture the public imagination.

Every year, only a few court cases achieve broad visibility. Explicitly overturning precedent can help rulings penetrate public discourse. People magazine, for example, that centered the act of overturning to explain what had happened. Such coverage gives nonlawyers an accessible frame to understand and discuss legal change that requires no technical knowledge of specialized fields of law.

It’s this stealthy but unrelenting erosion of precedent that most immediately reshapes the fabric of American law. As the conservatives continue this reactionary march, many of their most consequential changes come not with a bang but with a judicial sleight of

 

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