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When I was in law school, we learned about something called “the one-way ratchet theory of rights.” This legalistic abomination, pushed by Thurgood Marshall among others, contended that once a governmental entity created a new “right,” it could not later decide to take that “right” away. It now appears federal district courts are putting the one-way ratchet theory to a new use: if a Democrat administration expands the government, a Republican administration cannot later undo the expansion, even if it uses the same procedural mechanisms. Government can never shrink; it can only grow. As with all of The Left’s “legal” theories, The Left always wins.
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