Quote:
Originally Posted by Giantone
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Agreed, Gorsuch schooled Ginsburg.
Gorsuch: "The court dismisses this 'history lesson' on the ground that it doesn’t know if Congress had 'the ancient common-law … in mind.' But respect for Congress’s competency means we presume it knows the substance of the state laws it expressly incorporates into its statutes and the common law against which it operates.”
Of course Gorsuch was in the minority in this decision, this is still the Scotus that reinterpreted words like "tax" to uphold the Obamacare mandate. But at least to some justices, words and principles still mean things.