Comment by tshaddox
5 days ago
> As with a lot of judge rulings, and what they're always supposed to do, they ruled on what the actual law is and not just on what sounds good.
There is reasonable room for disagreement about "what they're always supposed to do." Legal pragmatism is a prominent theory in American law.
This ruling regarding the FTC requirement states the court's understanding of the purpose and import. I think it's also important to acknowledge the very practical outcome of bypassing it. Future legislation will understate the impact of changes citing precedent.