Take a step back and think how absolutely insane it is to think we need to conform our laws in today's world with precisely the kind of laws passed almost three hundred years ago.
"There are not historical analogs."
Yeah because they were still sending letters by fucking horseback and shitting in buckets to dump outside.
I think we can presume new concepts might have arisen in the last three centuries.
/endRant
#law #lawfedi #scotus #supremeCourt #uspol #politics #uspolitics
@JasonPerseus The solution is very simple. We have a legislative branch empowered to change any law up to and including the US constitution. If it is clear that the kind of laws passed 300 years ago are out of step with the current age the solution is to have the legislature update the law.
It really sucks that Congress has be a dysfunctional mess for the last 20 years, but it really should not be the job of the courts to decide what the legislature should have done. It is particularly inappropriate for the courts to take an issue where congress has repeatedly taken up the issue and repeatedly chosen not to act and make the change through the courts that did not pass in congress.
