A prudential argument is one which a jurist can make, under certain circumstances, to reach a desired politically motivated legal outcome, without however even taking responsibility for it, and without even actually giving up any real judicial power over legal decisionmaking and judicial review in general.
Justice Roberts, it need hardly be mentioned, need not actually even believe in the reasoning of his opinion.
Justice Roberts, it need hardly be mentioned, need not actually even believe in the reasoning of his opinion.
Cf. Constitutional Fate. I don't recall whether Bobbitt discussed this aspect or not.
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