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Without threadjacking: both things are true here, else RvW would not have been overturned as the accomplishment of an explicit political goal.



RvW wouldn't have been established except as a political goal. 1973 wasn't Eden before Original Sin.


This point isn't really relevant to the identification of a "runaway Supreme court" overthrowing precedence with politically outcome-motivated reasoning.


It is if we only blow the "Foul!!!" whistle just after we get the precedent that we want, how we got there be damned.




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