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Comment by abduhl

If Congress is considering legislation to change QI then the Supreme Court has little reason to take up these cases. SCOTUS should stay silent when the legislative branch is at work to correct something that was a judicial creation or when it looks like Congress intends to legislate in an issue.

Edit: I will just reply to all of the comments downthread at once because they all seem to urge the same thing. SCOTUS has no incentive to act when the legislative branch is doing something that could easily overturn or not align with their decision, which would render their decision moot. A law that Congress passes overrules any and all SCOTUS precedent on the issue because Congress "legislates against the backdrop of the common law." Further, Congress has the ability to move much faster than SCOTUS: a bill could be passed on less than a month in Congress while it will take at least a year for SCOTUS to reach a decision.

parent abduhl 6 years ago

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