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Allen Sumrall @asumrall.bsky.social

On that view, the job of any judge applying federal law (lower federal court judges and all state court judges) is to guess at what the current SCOTUS will do with the case, regardless of what existing law says. It’s predictive. I don’t know what precedent means in that regime.

aug 29, 2025, 6:18 pm • 1 0

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Beau Baumann 🍏 @beaubaumann.bsky.social

Makes you think of the Holmesian bad man (which lacked any theory of how judges think, and instead focused on the target of legal sanction).

aug 29, 2025, 6:22 pm • 2 0 • view
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Allen Sumrall @asumrall.bsky.social

Exactly.

aug 29, 2025, 6:28 pm • 2 0 • view