Practice
The dissent also
appeals to practice, ignoring that the statute Jarkesy and Patriot28 have been
prosecuted under is barely over a decade old. It is also unclear how practice
could transmute a private right into a public one, or how the absence of legal
challenges brought by one generation could waive the individual rights of the
next. Practice may be probative when it reflects the settled institutional
understandings of the branches. That case is far weaker when the rights of
individuals are directly at stake.
(U.S. Supreme
Court, June 27, 2024, SEC v. Jarkesy, Docket No. 22-859, C.J. Roberts)
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