Is Bibbins Really a Bad Doctrine?

Bibbins is not actually a particularly useful mechanism for pursuing anything that resembles like a well developed vision of justice. We havea very unsympathetic plaintiff, and we have a really weak doctrine. So he sues under bibbins. It goes up and down the cords. But ultimately all the justices mostly agree this is not a super controversial a question,. at least within the context of the court itself.