We may have a good sense pinning down that Trump v. U.S. is unacceptably political because of the subject matter, the departure from precedent, and the surrounding political circumstances. Yet it may be harder to explain why NetChoice isn’t (and some people might argue that parts of it are). And we could risk losing any semblance of the rule of law in the long run if political remedies to reform the judiciary go too far. This is why it’s important for lawyers to keep working in good faith. /PS2
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