6 rulings that make Alito unfit for the supreme court. (user search)
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  6 rulings that make Alito unfit for the supreme court. (search mode)
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Author Topic: 6 rulings that make Alito unfit for the supreme court.  (Read 1743 times)
The Vorlon
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« on: November 02, 2005, 10:33:35 PM »

As usual, folks for and agaist a position cherry pick rulings that defy common sense, and hence declare a Judge to be fit or unfit.

There is an old saying the "Tough cases make bad law" - which is unfortunately true, which is why we need Judges to be Judges who rule on the LAW on not on how they think the legislature should have legislated.

When Governments do silly, but constitutional, things there are two alternatives, both bad, but one better than the other.

The Courts can let the silly law stand, and hope that the attention drawn to it makes the elected officials reconsider the law (or in the alternative cause the people to reconsider their representatives)

The other alternative is to pass the responsibility to unelected judges who can then use the precedent of striking down a silly law to then strike down laws they simply disagree with.

To toss a little fuel on the fire, Roe Vs Wade is a classic example.

I happen to be pro-choice, but the "logic" in Roe is just utterly wrong.  Sorry, but the Warren court just made sh*t up to get the ruling they wanted. - and so we had the snowball rolling - Judges have been making sh*t up for 30 years not to strike down "silly" laws they don't like.

We desegragated the schools "officially" in the 50s with Brown vs Board of Education - but it really didn't "happen" in the hearts of the Nation till the 1964 Civil Rights act, because that is when the elected representatives of the people passed it, rather than unelected judges imposing it.

Judges acting by fiat simply freezes the debate and moves the conflict to a war of Juducial appointments instead of letting the people's representatives do the people's work.


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