Comment by niam

5 days ago

> ruling on what the "actual law is" is selective

US judges are not fact-checked and may rely on whatever selection of information presented in amicus briefs (as-filtered by 20-something year old law clerks trying their best) seems applicable.[1]

This seems relevant here because the mentioned figure seems to be "compliance costs" (cost to implement), not the cost on the bottom line of each org. It's very possible that that cost still exceeds $100,000,000, but it does leave more discretion in the hands of the judges than the GP would seem to imply, and more room for judges to listen to inflated estimates of cost.

Acknowledging that there's still something to be said about erring side of caution, but also that there's something to be said about what a ridiculous limit $100Mil is in 2025.

[1]: https://www.propublica.org/article/supreme-court-errors-are-...