They can indeed side-step the issues that have been argued to rule on other areas of the law. Honestly the Supreme Court can really do whatever it wants with-in the judicial realm.
More than any other US power structure, they are the only ones in charge of themselves. One of their greatest powers, Judicial Review / The Shadow Docket was literally not given in the constitution. They just took it up one day.
SCOTUS will probably rule something like “Money is speech. Not allowing people to gamble away their life savings is a violation of the 1st amendment!”
Can they rule that if no one is arguing that? Unlikely because this is about commerce, not speech…
They can indeed side-step the issues that have been argued to rule on other areas of the law. Honestly the Supreme Court can really do whatever it wants with-in the judicial realm.
More than any other US power structure, they are the only ones in charge of themselves. One of their greatest powers, Judicial Review / The Shadow Docket was literally not given in the constitution. They just took it up one day.