Trump v. Barbara · ¶147

So ordinarily, both the relevant constitutional rule and the constitutional exceptions (as of 1787, 1791, or 1868, as the case may be) apply to new circumstances. As the Court has said before, “[d]iscerning and developing the law in this way is a commonplace task for any lawyer or judge.” Id., at 692 (quotation marks omitted). Indeed, at oral argument in this case, many Members of the Court explored that critical interpretive point at some length with counsel. See Tr. of Oral Arg. 14–16, 115, 121–124, 127–131.

slip opinion, revised 7/01/26
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