• Eatspancakes84@lemmy.world
    link
    fedilink
    arrow-up
    8
    ·
    6 months ago

    That’s not how precedent works. Higher courts set precedent that lower courts must follow, not vice versa. For instance, the SC could introduce a very narrow definition of (participating in) an insurrection. If they want to rule in Trump’s favor, they will find an excuse (and mangle the law in the process).