I think what they’re saying is that the dissent says out loud the part that the majority would prefer to keep quiet. It’s a clear consequence of the “clever jackass 7th-grader” mindset that comes from the Originalist school of jurisprudence.
You can’t run a modern nation-state or withstand a bad actor in power if you insist that it must all be done exactly as set out in 4,500 words by a bunch of 18th-century provincial lawyers writing by committee, and that anything not expressly forbidden is allowed because… “oh well.” SCOTUS abdicating its role as a backstop of liberty and good sense to instead be a bunch of pedants is a piss-poor reason to send your country to hell, yet here we are.
Not a dissenting (against the majority) opinion; the actual majority opinion of the court.
I think what they’re saying is that the dissent says out loud the part that the majority would prefer to keep quiet. It’s a clear consequence of the “clever jackass 7th-grader” mindset that comes from the Originalist school of jurisprudence.
You can’t run a modern nation-state or withstand a bad actor in power if you insist that it must all be done exactly as set out in 4,500 words by a bunch of 18th-century provincial lawyers writing by committee, and that anything not expressly forbidden is allowed because… “oh well.” SCOTUS abdicating its role as a backstop of liberty and good sense to instead be a bunch of pedants is a piss-poor reason to send your country to hell, yet here we are.