They would also require our courts to revisit the decades old debate over the degree of insult and severity of emotional harm necessary to give rise to a legalremedy for injured feelings.
"If, as plaintiffs argue, a successor program must be Medicaid-funded then the only legalremedy would be for this court to shut down the state-funded women's health program, not to order the inclusion of Planned Parenthood, " Judge Yelenosky wrote in the ruling.
Like the TiVo case, VOOM and others demonstrate that a determined party can drag out the legal process and prevent the other side from obtaining a remedy for harm it has suffered.
It would also introduce a significant change in the legal framing of incorporation and might prove to be a key step in a remedy for the problems in capitalism today.