On another note, although Kavanaugh's argumentation was in a dissent that has no legal weight whatsoever, it is still troubling because it was rooted in the idea that assumptions for the sake of scenario creation are identical to arguments intended to have a reasonable person interpret them as being implicit adjudication. This idea has the potential to cause damage on two fronts. First, it paves the way for incorrect interpretations of Hobby Lobby by future lawyers and judges. And second, it opens a pathway to abuse of discretion by future judges due to conflation of terms. | On another note, although Kavanaugh's argumentation was in a dissent that has no legal weight whatsoever, it is still troubling because it was rooted in the idea that assumptions for the sake of scenario creation are identical to arguments intended to have a reasonable person interpret them as being implicit adjudication. This idea has the potential to cause damage on two fronts. First, it paves the way for incorrect interpretations of Hobby Lobby by future lawyers and judges. And second, it opens a pathway to abuse of discretion by future judges due to conflation of terms. |