Unfortunately though law is a messy fit to life we cannot decide everything on a case by case basis. Relegating law to the sidelines is a dangerous precedent. I am not as sure as you are that it is academic. In Ted Cruz’s case this may be so but to go that route opens America in future to very questionable circumstance. The reason we have laws is because of the problem of who gets to decide, we would like to grandfather in Cruz, the Dems Obama. Laws are an attempt to remove it from the personal where the group in power or the best player rules the day. There is still the activist judge to contend with but that can be challenged and over ruled.
I didn't say so. It is however important to remember that the pursuit of justice is just that. The big problem is the price of that pursuit.
There is still the activist judge to contend with but that can be challenged and over ruled.
Of the over 300 equal protection cases that came to the SCOTUS after Santa Clara County v. Southern Pacific, 14 were about people and the rest were corporations. "Equal justice" cannot be pursued if it cannot be afforded, regardless of the merits of the case. Obviously, the converse can be true, which is how we got the majority opinion in US v. Wong Kim Ark. That was the cheap labor express in action.