Is NFIB v. Sebelius a Precedent or an Unprecedent?

October 19th, 2012

If a challenge to a law is based on that law being unprecedented, and that challenge applies to that law and that law only, what kind of precedent does the resulting opinion create? An unprecedent–a precedent that only limits the unprecedented law.

That thought just occurred to me. I’m not sure if it makes any sense, but I like the title. I’ll use it. Maybe.