Cisco Systems, Inc. v. Doe · ¶125

The Court’s decision today is yet another notch in its belt, unabashedly remaking the law in its preferred image. The majority jettisons two decades of settled precedent and breathes new life into two decades of rejected legal theories. It does all this in the name of respecting Congress and the separation of powers. Yet in fixating on the separation of powers, the majority ignores the foundations of its own and shakes the public’s confidence in the stable and predictable development of the law. Because resolving this case did not require inflicting these wounds, I respectfully dissent.

slip opinion
Source edition
Passage preview. Read in context for the complete text, notes and references.