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New but...but...did you notice this...

They make constitutional law, when they interpret the vague terms of the federal and state constitutions. They effectively make law when they interpret vague statutes. And they've long made the common law: The Anglo-American rules of contract law, property law, tort law, and even criminal law were originally created by judges. Today, judges continue to develop many such rules.


I don't know about you, but I've been hearing from Right-Wing pundits grip for YEARS that the Judicial branch ISN'T SUPPOSED TO CREATE LAW .

Now, we've got a conservative guy not only arguing that they do create laws, but because they do, their POLITICAL VIEWS NEED TO BE HEARD!

Wow... talk about an about-face.

New It's been that way for 200 years.
By design.

3 branches of government.

Legislative (Congress critters): They make the laws.

Executive (President and Vice): Enforce the laws (and sign them).

Judicial (USSC): They determine whether a law is unConstitutional and they interpret them.

In THEORY.......

Congress will only pass good laws.
...
in the event of a failure, the President will veto the bad law.
...
in the event of a second failure, the USSC will rule the law unConstitutional.

But the USSC cannot MAKE a law.

Only interpret EXISTING law.

Now, we've got a conservative guy not only arguing that they do create laws, but because they do, their POLITICAL VIEWS NEED TO BE HEARD!
Whether or not they should be talking about their politics, this guy is a COMPLETE FLAKE!

The ONLY reason for checking a judge's POLITICS is to CIRCUMVENT the balance of power we THEORETICALLY have.

From the article:
But many voters are understandably skeptical of abstractions, and want to hear details about legal questions that are important to them \ufffd for instance, what the candidate thinks about the state constitution's right to bear arms, or its right to privacy, or about expansions of tort liability.
And what the judges think about such matters is NOT important. All that is important is that they rule on the laws passed by the other two branches.

I don't care if the judge personally believes in gun control if the OTHER TWO BRANCHES have passed laws saying that we're free to own them.

If the "voters" are "understandably skeptical of abstractions", then they need to vote for Congress critters and Presidents who will pass the laws they want.

Not try to end-run around the laws by stacking the judicial branch.
New Brand....

The ONLY reason for checking a judge's POLITICS is to CIRCUMVENT the balance of power we THEORETICALLY have.


my point it that this has been the conservative view for nearly 20 years.

(Don't you remember the bashing the Repubs did over Bork because Congress was (gasp) questioning his views.)

And...now... we have a complete turn around. Amazing.
New But.. but: Some pol-POVS 'are more equal than others'!___HTH
     Interesting take on Conservative versus Liberal - (bepatient) - (7)
         It is a predictable POV from a right-wing rag. - (mmoffitt) - (6)
             Sure... - (bepatient) - (1)
                 Yeah.. it appears that someone said Something, all right. -NT - (Ashton)
             but...but...did you notice this... - (Simon_Jester) - (3)
                 It's been that way for 200 years. - (Brandioch) - (2)
                     Brand.... - (Simon_Jester) - (1)
                         But.. but: Some pol-POVS 'are more equal than others'!___HTH -NT - (Ashton)

A cheery thought that I shall leave you with...
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