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Authored by: Anonymous on Tuesday, September 18 2012 @ 10:59 AM EDT |
The way I read this, Posner wants the way paved for activist judges that are not
bound by the written law. I could not disagree more; if the law is written to
permit/forbid something, then changing that law is Congress' job, and it is not
to be left to a judge's discretion.
That is for a clearly worded law. When a law is not clearly worded, then there
is room for a judge's personal views to affect a ruling. Again, though, if the
law needs clarification, then this is Congress' issue to solve. Congress seems
to be all to eager to blame the courts rather than to take a chance of ticking
off part of their base with a law change, but that is what the legislative
branch exists to handle; legislation.[ Reply to This | Parent | # ]
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Authored by: Anonymous on Tuesday, September 18 2012 @ 07:46 PM EDT |
HuffPo doesn't like Scalia! Film at 11.
MSS2[ Reply to This | Parent | # ]
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