Quote (Santara @ Jun 15 2022 12:45pm)
...and precedent and "reason" are the problem. Which was the point of the article. Judges can be all like "it's reasonable to infringe your rights, so I will allow it." There has to be a higher standard where peoples' rights are concerned than "rational basis."
the "problem" is that almost everyone on planet earth would rather live in a world where rights aren't in practice literally inalienable, and rather would like to trust a process that can keep people's rights in check even if it does cause issues. they dont want to live in a world with legal machine guns, they dont want to live in a world where bomb threats are free speech, they dont want to live in a world where parents can claim female genital mutilation is an aspect of their religion and protected, etc.