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vessenes01/17/20253 repliesview on HN

I agree we have an activist court in the Roberts court. How is this making an ex-post facto law, though? The suit is over a bill passed with broad bipartisan support by Congress.


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hedora01/17/2025

It’s a bill of Attainder, i.e., a legislative act that declares a specific individual or group guilty of a crime and imposes punishment without the benefit of a judicial trial.

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rayiner01/17/2025

> I agree we have an activist court in the Roberts court.

People who for decades subscribed to the notion that "emanations from penumbras" are a source of constitutional law don't have any room to talk about judicial activism.

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