The theory I heard on the Strict Scrutiny podcast is that the 5th Circuit exists to write atrocious opinions on terrible rulings so that the Supreme Court can make rulings that are only 85% as horrible as that so the SC can seem more reasonable by comparison.
The theory I heard on the Strict Scrutiny podcast is that the 5th Circuit exists to write atrocious opinions on terrible rulings so that the Supreme Court can make rulings that are only 85% as horrible as that so the SC can seem more reasonable by comparison.