U.S. Supreme Court
Oct. 15, 2013
Oversimplified slippery slope arguments
There are several different species of "consequential" arguments, and many of them will likely be on display in a case currently before the U.S. high court.
2nd Appellate District, Division 2
Brian M. Hoffstadt
Associate Justice
California Court of Appeal
UCLA School of Law, 1995
We have all heard (or made) the argument that the consequences of ruling "X" are so undesirable that avoiding those consequences is itself a reason to rule "not X." Consequence-avoidance arguments are usually lumped together under one of several labels - the slippery slope, the parade of horribles or Pandora's Box. But this is an oversimplification because there are several different species of "consequential" arguments. What is more, many of them will likely be on display in Fernand...
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