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Welcome to the High Court, Mr. Davis | 21 comments (21 topical, 0 hidden)

I understand, but . . . (none / 0) (#3)
by The Wizard of Laws on Thu Sep 02, 2010 at 07:55:22 AM EST

There is a time-honored saying in the legal profession -- "Hard cases make bad law." In essence, it's our version of the slippery slope. When a statute imposes requirements and uses the word "shall," those requirements are mandatory and cannot be ignored. To do otherwise jeopardizes all of the other requirements, which would eventually cause the law to unravel.

Parent

It being the law.. (none / 0) (#4)
by JGillman on Thu Sep 02, 2010 at 08:18:21 AM EST

makes it less ridiculous IMO

Part of the problem we face in this country is a distorted view of the constitution.

Why?

Interpretation and alterations by activist judges.

Rather than judge to determine if the rules have been broke, there is too often an attempt to question whether the rules are appropriate.

Its the people's right to determine if the rules are appropriate through rule making by their representatives, and the Judge is merely a referee.

How long would an umpire last in his job if he ignored a "balk" repeatedly?

A line judge wouldn't make it in football if "just a toe over" didn't stop a play at that location.

A Judge is obligated to follow the rule of law. Or that judge MUST go.

Parent

Seth - "Tea Party" (none / 0) (#5)
by maidintheus on Thu Sep 02, 2010 at 08:43:16 AM EST

This isn't the action of the Tea Party. It's a FTP/fake tea party. That's where it starts. Now they wrangle over the details. I'm very much with Gillman here, you shouldn't be picking and choosing after the fact which existing law will be pertinent. One can lobby to change law but must obey the law as it is until there might be a change. Due the political wrangling this 'unimportant law' is facing the court.

Parent

Two things by Seth9, 09/02/2010 01:10:20 PM EST (none / 0)

Except that the rules were not by JGillman, 09/02/2010 01:47:34 PM EST (none / 0)

I'm not trying to defend the FTP by Seth9, 09/02/2010 02:10:18 PM EST (none / 0)

The appeals court followed the by JGillman, 09/02/2010 02:17:56 PM EST (none / 0)

I second your over regulation concerns. by maidintheus, 09/02/2010 02:05:03 PM EST (none / 0)

My reasoning by Seth9, 09/03/2010 03:43:20 AM EST (none / 0)

I have a problem with the by JGillman, 09/03/2010 09:26:10 AM EST (none / 0)

Rule of Law by Seth9, 09/03/2010 12:05:33 PM EST (none / 0)

Well then... by JGillman, 09/03/2010 12:16:05 PM EST (none / 0)

Forming a political party... by Seth9, 09/03/2010 06:25:45 PM EST (none / 0)

hypothetical argument. by JGillman, 09/03/2010 09:23:48 PM EST (none / 0)

Apologies if I offended you or anyone else by Seth9, 09/03/2010 10:08:06 PM EST (none / 0)

I don't recall by JGillman, 09/04/2010 12:22:34 AM EST (none / 0)

The logic is flawed in this one... by jgillmanjr, 09/03/2010 11:36:41 PM EST (none / 0)

I missed the pre-approval process by Seth9, 09/04/2010 10:08:09 AM EST (none / 0)

Let me ask you this before I continue.. by jgillmanjr, 09/06/2010 03:11:46 PM EST (none / 0)

Welcome to the High Court, Mr. Davis | 21 comments (21 topical, 0 hidden)

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