Source: David Friedman’s Substack
by David Friedman
“[Various current affairs] raise the same problem, nicely summarized in the quote attributed, probably falsely, to Andrew Jackson: ‘John Marshall has made his decision, now let him enforce it.’ The court can enjoin a defendant from doing something. Can it punish someone for having done something? The legal answer is, of course, that it can. Criminal punishment is for having done something. So is tort liability. But the equivalent is harder in cases like these, for at least two different reasons.” (03/07/25)