A new decision by the full Fifth Circuit helps to illustrate some of the many problems with how the Supreme Court says lower courts are supposed to handle emergency applications in election cases
The thing that gives the courts an advantage over other branches of government in fair adjudication is that they deliniate principles which can be applied in a range of cases and their performance measured against. When they give this kind of vague 'rule' for lower courts to follow they are failing in their primary duty.
The thing that gives the courts an advantage over other branches of government in fair adjudication is that they deliniate principles which can be applied in a range of cases and their performance measured against. When they give this kind of vague 'rule' for lower courts to follow they are failing in their primary duty.