I’m with you on hating Apple but I actually like when judges stick to Rules Lawyering. It can be tempting to ask them to “consider the whole situation” and bend the rules towards justice, but that’s how we get unelected people doing stuff like a court unilaterally removing abortion protections in the US.
Yeah but for a legal reason. Not “eh it felt unjust”. But more materially: yes I bite that bullet that was a bad procedural move that saved millions of women. If the Supreme Court really was taking a stand about turning back the mistakes we made with jurisprudence in the 19th century, I would’ve supported the overturning of roe v wade. Instead (and I hope this is a non controversial, HN-friendly statement) they were very clearly and somewhat openly driven by ideology.
There wasn't any new evidence, though, and the circumstances hadn't changed, other than the composition of the Supreme Court.
Their argument was not that circumstances had changed, but that the the case was decided wrong to begin with, comparing Roe v. Wade to the case Plessy v. Ferguson, famous for deciding that laws enforcing racial segregation did not violate the U.S. Constitution so long as each race was given equal quality facilities ("separate but equal").
Apparently not, given that we have had to re-run the “Should we prohibit this thing that was previously considered a personal decision” experiment yet again.
The ruling was 50 years old, not 250. Sure, the general process can change. But, it should be hard to remove freedoms that already exist, and the fact that they were able to change a 50 year old ruling on a whim is bad.
Considering the spirit of the law while judging is a different thing from the expansive de-facto law-making that RvW epitomizes.
You cannot expect lawmakers to predict every technological quirk that companies will employ to escape antitrust oversight, so invoking the spirit of the law in those circumstances is just fine. RvW massively expanded the definition of some constitutional rights in ways that have always been contentious. It's a completely different thing.