

I have always thought precedent, when it comes to interpreting laws, should have an expiration date. If congress doesn’t pass a law to support the precedent, then it is no longer valid after that date. For constitutional interpretations, once past the expiration, a lower court can’t use it as justification anymore.



For the orders part, I believe there is a JAG hotline to call and get a “ruling” or advice. That would in theory take the legal ramifications of the decision off the guardsman. But I don’t know how well that actually works in practice. It is unlikely to be a smooth as it sounds since the person on the phone doesn’t want to put their skin on the line either.