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Patrick S. O'Donnell

Is there a term for this phenomenon analogous to the notion of "regulatory capture," say, "constitutional--" or "legal capture"? Such rulings boggle the mind, their paucity of sufficient legal reasoning indicative of a belief that no one is paying attention or really cares, or perhaps revealing to us that those who pay scrupulous attention to such ideological shenanigans and obscurantism are too weak to do anything about naked legal capture by corporate capital interests.

Steve Shiffrin

Thanks Patrick. Perhaps judicial capture describes the phenomenon. I think these judges have attended enough Federalist Society meetings and drunk enough right wing elixir that they actually believe the fantastic things they write.

Patrick S. O'Donnell

Ah, yes, judicial capture is the better term.

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