Yeah -- there's a lot I agree with in Judge Heytens's opinion. It's just the precedential value stuff (and the Wilkinson concurrence's finger-wagging about it) that's really disheartening.

April 10, 2026 - 14:31 UTC

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Observing for the record that Judge Wilkinson has been an active circuit judge for almost 42 years now - which is the second longest active tenure of any appellate judge since at least 1900 (exceeded only by Pauline Newman—currently embroiled in a struggle to keep her seat—by about 5 1/2 months) .
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So what?
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It seems to me the SC is creating illegal precedent by ruling something is the law when it's not then having the lower court rule on that decision and call that precedent. Backing into it. IANAL and Steve is an expert.
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