is that who the expression out of hand refers to...
hmm.
America used to be made up of a lot of people who did what was right and not what was politically expedient.
I never knew this.
So the Deep State has been at this for a long time now.
Among “serious legal scholars” (meaning leftists weirdo fruitcakes), Judge Hand has the same main problem as Justice Thomas; he wrote opinions that made sense. Yes, he was a “progressive” like nearly everyone else was at the time, but he was constrained by (evidently) morality from trying to impose a political agenda via the courts.