So the Supreme Court makes a controversial decision finding that individuals have some constitutional right. But a lot of people think they got it wrong. So states pass laws trying to limit the expression of the right established by that decision. The courts repeatedly rebuff such attempts. So the states get a clever idea: instead of passing a normal law, we’ll create procedural confusion through a novel enforcement mechanism so that the courts are at least temporarily stymied in invalidating the new law.
A Bad Idea for a Good Purpose is Still a Bad Idea
A Bad Idea for a Good Purpose is Still a Bad…
So the Supreme Court makes a controversial decision finding that individuals have some constitutional right. But a lot of people think they got it wrong. So states pass laws trying to limit the expression of the right established by that decision. The courts repeatedly rebuff such attempts. So the states get a clever idea: instead of passing a normal law, we’ll create procedural confusion through a novel enforcement mechanism so that the courts are at least temporarily stymied in invalidating the new law.