Rakoff

The movement claim that valid legal obligations to the federal or state government require knowing, voluntary, and intentional individualized consent — and that constructive, tacit, or democratic-process-mediated consent cannot bind a non-consenting individual — is foreclosed

The movement standard — that valid government obligations require individualized, knowing, written consent or no jurisdiction attaches — has no basis in any source of American law. Constructive consent doctrines (driving, mailing, residing, transacting) are how operative law actually works. The movement standard is doctrinally adjacent to adhesion-contract scholarship, which the finding engages on its own terms.