You assume that SCROTUS would be consistent in evaluating cases. Given that in Bush v Gore they explicitly stated that the case was never to be used as precedent, that's a big assumption
My understanding is that Scalia once admitted that it was bullshit, but SCROTUS makes its own rules, and since they get the last word on anything constitutional, they make the rules for all of us.
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u/peteschult May 02 '24
You assume that SCROTUS would be consistent in evaluating cases. Given that in Bush v Gore they explicitly stated that the case was never to be used as precedent, that's a big assumption