National
Supreme Court Rules That Time Moving Forward Is Technically Constraining Constitutional Originalism
The court sends the calendar back to a lower court for further consideration.
WASHINGTON — In a fictional ruling issued Tuesday, the Supreme Court found that the continued forward movement of time places an unreasonable burden on constitutional originalism, directing a lower court to determine whether the present can be accommodated without altering the past.
The majority concluded that the nation's calendar had been advancing for more than two centuries without a clear textual authorization to keep doing so. Although the opinion acknowledged that dates existed at the founding, it questioned whether the framers had contemplated this many of them.
The case arose after a federal agency attempted to apply an old rule to an object invented after the rule was written. The majority described that sequence as a procedural disadvantage for the rule, which had not been given an opportunity to comment on the object.
'The passage of time cannot itself establish a tradition of allowing time to pass,' the opinion stated. A dissent argued that the court had relied on several decisions issued yesterday while expressing serious doubt about the legitimacy of tomorrow.
Attorneys said the immediate effect would be limited. Clocks may continue operating while litigation proceeds, provided agencies do not treat the resulting hours as permission to encounter new circumstances. Existing Mondays remain enforceable.
The calendar's counsel said it would comply with the ruling but noted that filing an appeal would require a later date. The court's administrative office is reviewing whether that request can be processed as an extension of the original afternoon.
The opinion takes effect immediately, subject to clarification of when that is.