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Igel

(37,614 posts)
8. That was a no-brainer prediction.
Fri May 8, 2020, 01:04 PM
May 2020

If it's released, there can be no remedy if SCOTUS finds that the material should not be released. The SCOTUS' action would render the case moot, effectively deciding it before it heard it.

If it's delayed, then the case isn't moot.

Not "to the end of time." Soon the materials will be released or we'll know it's not. Might get sent back down for reconsideration. I'm not going to prejudge the situation. Sometimes I judge partisan and I'm right (and remember it), sometimes I judge partisan and I'm wrong (and tend to not remember it), sometimes I make screwball predictions. One thing I do know is that all the cases we hear about that are decided 5-4 just feed our confirmation biases--we want to believe the court decides everything on party lines, and focus on the times when there's a party gap, which is taken as the reason for the decision and conclusive evidence for believing the court decides everything on party lines. We don't hear about the overwhelming majority of the cases that aren't decided on party lines, or often the kinds of reasoning (because they do reason, all of them) that informs their decisions.

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