The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
Today in Supreme Court History: June 20, 1837
6/20/1837: Justice David Josiah Brewer's birthday.

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Hans should be reversed, because it misreads the Eleventh Amendment. The unanimous scumbags just made shit up to protect big government. Immunity grows an enterprise, liability shrinks it. The floodgates of liability should be opened on these failed, and corrupt little tyrants, to deter.
I would be interested in arguments that support the immunity of the states from its own citizens.
Was this a past mistake to be corrected, like Plessy? The scumbags compounded it in 1999 (Alden). That even cancelled Congressional power over the subject area. At some point, these tyrannical scumbags start to get impeached for their decisions.
Formal logic has more certainty than the laws of physics. The contrapositive of a true assertion is true. (All bats are mammals. This animal is not a mammal. It cannot be a bat.)
If legal liability is a replacement for endless cycles of retaliatory violence, then legal immunity justifies violence. Hans cancelled one of the greatest human inventions, the rule of law.
With June 20 we are coming to the end of the Court’s term. Over the years many important decisions have been handed down on this date. On a quick search I counted twelve. And yet Josh chooses to highlight the birthday of a not very significant Justice from long ago.
Could you not have posted one of those twelve "better" choices?
If one always chooses the "best" choice, one seldom experiences anything new and never has a chance to find a new "best" choice. Further, you can probably make (and possibly did) the same complaint every year. When something is meant to be educational and informative, it helps to choose a wide variety of events, not just the single subjective "best" every single time.
Tell that to Josh.
"And yet Josh chooses to highlight the birthday of a not very significant Justice from long ago."
Maybe he does it to make his stalker [you] MAD!