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this post was submitted on 15 Mar 2025
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They're using baseline common law tort. The only way they're really going to be able to block it completely is to codify it like they did for gun manufacturers. That or throw out the rule of law entirely. The precedence they're using predates the establishment of the Republic itself. The supreme Court can't just throw it out without throwing out a whole lot more.
It’s simpler than that; they can’t let red states block blue states’ legal action without letting the opposite happen too. They can decide individual cases that make it far enough in the system later anyway.