History will remember this day— when an American President and Vice President abandoned all we stand for.

You are correct, there is no end to the unprincipled, result-oriented legal positions being asserted by people who are more interested in political outcomes than in law. I have called this out both on the right and on the left over the years.

That is the easy case.

That is certainly true in a preliminary injunction context, where likelihood of success on the merits is a key consideration. There also is a structural issue-do trial judges, sitting individually, properly adopt new legal theories, or should that be the role of appellate courts? No “rule” on this.

I can see that in certain circumstances. But it is hard to generalize. How does a judge decide that a legal position is “bad,“ and are there degrees of “badness?“ There are specious new theories supported only by literature, but there also have been some good ideas.

Believe us, we took no joy in publishing our thoughts on the movie. We wanted it to be amazing, too. 🖖🏻

The film is a bit strange, but it is creative and I love the hot chocolate scene on the train.

Welcome!