I have pointed out in the past that relying on the MSM to explain a Supreme Court decision is a bad idea. What follows is not a Supreme Court decision. It illustrates the sometimes tortured thought process judges use to arrive at a decision. What makes this particularly bizarre is that appellate journey began with a parking ticket.
Read the article and keep it in mind every time you read a MSM take on a court decision.
Let’s see an editor condense the thought process down to two sentences. I’m not sure that the Sixth Circuit got it right. However, by reading the decision I can understand their thought process.
Had the story been written by a “journalist” rather than a constitutional scholar the resulting story would have been shorter. Likely, it would have caused the reader to holler bullshit. That wouldn’t have been fair to the court.