• jeffw@lemmy.worldOP
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    4 months ago

    The 18th century analogy standard was widely misused. Probably because SCOTUS didn’t make it clear and it’s a strange standard anyway. But yeah, the fifth circuit is a wild one

    • mozz@mbin.grits.dev
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      4 months ago

      I mean it’s basically a gateway to bad laws

      “If there’s any dispute between how it used to be and how it is now, we want to make it so how it used to be wins”

      “Wait isn’t there usually a reason they changed it?”

      “I said no questions”