Heisenruling

In quantum mechanics, Heisenberg’s uncertainty principle points out that there is a limit to the accuracy with which we can observe physical quantities of a particle.

In software, a Heisenbug is a software bug which disappears when we start debugging it. (This often means that a debugger or the addition of debug messages alter the timing of the program execution sufficiently to avoid the problem to occur.)

Listening today to Preet Bharara’s Cafe Insider podcast about the Texas Senate Bill (SB8) on abortion, I realize there is also such a thing as a Heisenruling. A Heisenruling is a favorable ruling which can not be celebrated by the plaintiff, as the celebration would lead to the undoing of the ruling.

I enjoy Preet and Joyce breaking down the cases and rulings. Perhaps I missed a career in law somewhere. Can you combine engineering and law, other than when practicing patent law? I digress.

In the podcast episode, Preet points out that the majority Supreme Court opinion has not been covered a lot in the conservative media.

There was a report that FoxNews barely covered this decision.

He points out that this could create a big backlash, which could set in motion the undoing of the ruling. Hence a Heisenruling.

September 9, 2021


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