Source: David Friedman’s Substack
by David Friedman
“Congress or a state legislature wants a law that it expects the Supreme Court to rule against. They pass the law anyway. Lower level judges that share the legislature’s view rule in favor of the law but eventually the case reaches one who does not. The state appeals, exhausts its options for appeals, stops enforcing the law. It passes another law doing the same thing in an arguably different way. This looks like a tactic by which a legislature can avoid control by the courts for an indefinite, perhaps unlimited, length of time. Gun control opponents claim states where gun control is popular, such as New Jersey, have employed it successfully to get around the 2nd Amendment. An example from the other side of the political spectrum could be Trump’s tariffs.” (03/08/26)
https://daviddfriedman.substack.com/p/the-exploitation-of-legal-delay