Wednesday, January 31, 2024

The Opinion Won't Write

Gerard N. Magliocca

Of course, this is a phrase that judges use to describe the following situation: Their instinct is to decide a case in a particular way. But when they sit down to write the opinion, they find that they can't logically reach that result. This forces them to reconsider their initial conclusion.

In a nutshell, this is what is happening with the Trump case. The instincts go one way and the law goes the other way. The more you look at the legal arguments, the less sure you are that Trump is eligible. We may see this process play out with the Justices. Don't be surprised if the decision takes a long time to come out.


Post a Comment

Older Posts
Newer Posts