Hacker Timesnew | past | comments | ask | show | jobs | submitlogin

>The purpose of SCOTUS isn’t to rule based on what the desired outcome is, it’s to rule based on what the law explicitly does say and is permitted to say per the Constitution

I claim they have never done this. That every ruling has had an eye towards the outcome, whether stated or unstated, and that when they claim to be acting as mechanistic evaluators they are attempting to hide their interest in the effect they're having.

Besides, its a terrible idea. The real effects of their rulings matter much more than the philosophy.



The burden of proof on such a sweeping statement is clearly on you…


How do you prove whats in anothers heart? Its not provable.

But if you dont try and figure it out, you can't understand the world.

If you don't think its true, why not?


> Besides, its a terrible idea. The real effects of their rulings matter much more than the philosophy.

If that's your view, then we should just abolish courts. What's the point of having unelected legislators?


Your counter argument is that this implies uncomfortable things about our social structure?


WRT so-called "textualism" and "originalism", I fully agree.




Consider applying for YC's Summer 2026 batch! Applications are open till May 4

Guidelines | FAQ | Lists | API | Security | Legal | Apply to YC | Contact

Search: