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Monday, June 25, 2007

More from the Supreme Idiot's

When I posted on the Supreme Idiot's ruling on McCain-Feingold earlier, I hadn't heard about the ruling on the student free speech case, but Publius caught the inconsistency:

Shocking isn't it. The Supreme Court finds it ok to regulate student speech (at a public parade) when it references drugs. But then basically the same coalition of Justices think McCain-Feingold's regulation of issue ads places an impermissible burden on speech. And basically the same coalition of Justices dissent in both cases. Why, it's almost as if the legal doctrine is doing no work at all! No, surely our super-coherent First Amendment jurisprudence doesn't allow for result-based decisions dressed up as law. I mean, these are Supreme Court Justices after all -- they don't look at results.

[Snark aside, I haven't read these yet. And I'm not crazy about issue ad restrictions. But on first sniff, this looks like blatant result-oriented jurisprudence across the bench.]


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