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[–] -2 points 2 years ago (1 child)

There's nothing stopping them but they are expected to consider precedent which that decision sets.

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  • [–] 7 points 2 years 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).

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