What isn’t stupid about the commentary?
LOL!
Knew you couldn’t answer that.
And, of course, you don’t care.
Intelligent people know the judge was bound by Supreme Court precedent.
But you don’t care about intelligent people. They’re not your audience.
She might also be bound by our Constitution!
Cite the government mandated shut-down precedent.
“Intelligent people know the judge was bound by Supreme Court precedent.”
That is not an “intelligent” statement.
Judges are NEVER “bound” by Supreme Court precedent. A “precedent” can be undone, and precedents have been undone. They are done win the legal logic of a ruling does not rest on a precedent and takes a different approach that challenges the reasoning of a precedent.
The use of Supreme Court “precedents” is founded neither in law or the Constitution. It is mere “tradition” with later judges hesitant to tar the reputation of their predecessors.
Each session of the Supreme Court is no different that each session of Congress. They are a new court, and not bound by prior decisions anymore than each Congress can be bound by something they don’t agree with from a prior Congress.