Yes. The proportionality test, just like the Lemon test, is a bit shaky and certainly the case will come up for reexamination sooner or later. Most likely sooner. But in W. O V Quine's, famous image, there are a lot of fat men jammed up in the appellate doorway awaiting "corrective" review. The conservative faction, nursing their long grievances, are entering their promised land with this Court.
Sigh. I fear that SCOTUS wouldn't hesitate to overturn Jacobson vs Massachusetts given the right case
Yes. The proportionality test, just like the Lemon test, is a bit shaky and certainly the case will come up for reexamination sooner or later. Most likely sooner. But in W. O V Quine's, famous image, there are a lot of fat men jammed up in the appellate doorway awaiting "corrective" review. The conservative faction, nursing their long grievances, are entering their promised land with this Court.
Yup.