Gerard Magliocca at CoOp poses a good question: What SCOTUS cases have been one-way (or one-day) tickets, in which the result and judgment is important but the reasoning has little doctrinal impact going forward. Gerard believes ACA is such a case, as is Bush v. Gore. In the comments, I suggested the obscenity cases from the 1960s, where the Court could not get a majority around any standard for obscenity but reversed conviction after conviction.
Are there other examples? Leave comments here or over at CoOp.
Posted by Howard Wasserman on September 4, 2012 at 11:07 PM
Comments
The recent enemy combatant decisions.
Posted by: DrGrishka | Sep 5, 2012 1:39:28 PM