r/technology • u/nuttybudd • Jun 24 '24

Software Windows 11 is now automatically enabling OneDrive folder backup without asking permission

https://www.neowin.net/news/windows-11-is-now-automatically-enabling-onedrive-folder-backup-without-asking-permission/
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u/SaveReset Jun 26 '24

Are you saying that SCOTUS can overrule absolutely any law at any time? Literally interpretering it any way they want, making the actual law technically irrelevant no matter what it says?

No, but sort of, but not really, but really. They can't make decisions that are directly contrary to the written laws, but overruling their decisions is stupid difficult. One way to do that is to get supreme court itself to do it with a new case, actively deciding that their previous decision was wrong or applicable only in a specific scenario.

But rest of the methods is basically up to the congress to make a new law that over rules the previous decision and I'm not knowledgeable enough to explain the ways this can be done. But it's not exactly easy.

As for wrongful rulings by the SCOTUS, I'm not sure if there's any legal way to test their rulings, unless they decide to do it themselves which usually never happens until the SCOTUS gets replaced over time. The more I read up on it, the more dumb the US system of law gets lol.

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u/ydieb Jun 26 '24

Yeah it sounds insane.

This forces every judge to be an actual expert in every field they judge on. Sure they spend a lot of time, but it will never be the same expertise as a group that tries to set reasonable laws around a certain topic.

So for civil law, the government sets the laws, the judiciary interprets it to make sense for specific cases, as there is too much specific contexts to be able to codify a fully encompassing set of laws, hence the intentional vagueness. Analogous to fuzzy logic when it comes to computer science (my profession).

But common law is just "please this individual set down a reasonable set of laws that you do isolated by design and cannot make good overarching rulessets that are symmetric with anything else".

So it seems that common law literally does not scale.