The Courts Have a Common Law Power Soso

The supreme court thinks it has more of an ability to make up these rules in the context of enforcing constitutional rights than in the context of, like, when doctors get sued based on what's governed by state law. And areas where it seems like,. you know, the courts have a common law power soso. It may just be a kind of accident of jurisdiction, but people who do think there's a justification, they would say the difference is that the doctor really internalizes the benefits of what they do.