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That is not a process known to our jurisprudence.
Justice Antonin Scalia proposed to resolve the case based on what he called "the 'go away' principle of our jurisprudence".
But our jurisprudence has also always recognized that lay jurors bring their common knowledge and experience to the deliberation room.
"What you argue," he told Mr. Gura, "is the darling of the professoriate, for sure, but it's also contrary to 140 years of our jurisprudence".
The majority's approach, Justice Scalia charged, is "result-driven antitextualism" that "befogs" the law and promises to "bedevil our jurisprudence" with years of litigation.
This proposition is so out of accord with our jurisprudence -- indeed, with the jurisprudence of any society we know -- that it requires little discussion.
Similar(39)
An in fact it would be a new law under our preclearance jurisprudence, wouldn't it?
At an appropriate juncture, I think we must modify our Commerce Clause jurisprudence".
In a future case, we ought to temper our Commerce Clause jurisprudence".
With these principles underlying our Commerce Clause jurisprudence as reference points, the proper resolution of the present cases is clear.
That's the one we've resisted in all our exercise jurisprudence, to measure the depth of someone's religious beliefs.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com