Excellent point. Although I would, and Scalia would, say that questions are either decidable, choosable, or neither. If choosable a ‘trade-off’ exists, then it is a matter for the people and the legislature – creating anti-fragility – rather than a matter for the judiciary.
Source date (UTC): 2021-01-08 03:23:19 UTC
Original post: https://twitter.com/i/web/status/1347383352937111555
Reply addressees: @torinmccabe
Replying to: https://twitter.com/i/web/status/1347381548572684288
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