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To: fatman6502002
She and her colleagues, as stated in the opinion were bound by Supreme Court precedent. Only the Supreme Court can change it’s own precedent, not District or Appeals Courts can do that. As always the solution to these problems is not to expect judges to change law to get to an outcome they desire, but rather it is for the people to elect candidates to their legislature’s to change the law if they don’t like it.

I agree. But as seen in Judge Stickman's opinion, you can use Supreme Court cases that came after Jacobson, that used a different analytical model, to get a different result if Jacobson was decided today.

8 posted on 09/26/2020 12:06:41 PM PDT by AJFavish (www.allanfavish.com)
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To: AJFavish

Different law for a different state, not certain the two cases are comparable. Maybe the laws Stickman used were not applicable to the Illinois law in question. I don’t know the answer to those questions.


10 posted on 09/26/2020 12:33:47 PM PDT by fatman6502002 ((The Team The Team The Team - Bo Schembechler circa 1969))
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