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Old 05-03-2026 | 06:03 AM
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rickair7777
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From: Engines Turn or People Swim
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Originally Posted by AAdvocate
Once the government files the lawsuit it is almost always going to be blocked. The DOJ has a pretty impressive success record.
The laws are poorly written, often to the effect of "if any single consumer has to pay an extra nickel even once". Kind of like environmental laws that block major developments because some biology doctoral candidate decided some bug on the site is a distinct species from the billions of other virtually identical bugs in the area.

In many cases the judges are making calls that they don't want to make, but are bound by the letter of the law. At that point as a jurist your options are...

1. Judicial activism, start waving your wand and legislating from the bench (at least until you squashed by superior benches, or maybe arrested).

2. Uphold a bad law as written, and hopefully in the process send a message to the legislature that they have some more homework to do.
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