On this thread, the reader responds:
I’m not assuming a permanent political split, but I am assuming that in matters of POTUS, Roberts, Alito, Scalia are guaranteed for the GOP. Pretty risky to go after with an 8 member court.
I presume that the reader meant Thomas, not Scalia. The Court should be simply working on matters of law, and Lessig’s argument appears to depend on a proper appreciation of how the law has been interpreted in the past. Would the Court simply split along political lines? Are our Justices really that poor as a whole?
Also, I really think that if Lessig truly thinks this is a legit argument he should get ready to file it. Sooner rather than later.
I wonder if he would have standing. It’s not a subject I understand well.
