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In
this video clip, Sonia Sotomayor, a judge on the U.S. Court of
Appeals for the Second Circuit widely viewed as a short-listed for the
Supreme Court, says that the courts of appeals are "where policy is
made. [What? I didn't say that ... ha-ha-ha]
Here's how the law firm of Eugene Volokh and Associates views it. Jonathon Adler, writes
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Some seem to think that this is a damning statement and evidence of
closet "judicial activism." I don't. As presented in the clip, it seems
to be nothing more than an observation that, as a practical matter,
many policy disputes are resolved in the federal courts of appeals.
This is an indisputably true observation. Moreover, the fact that many
policy disputes are resolved in federal appellate courts does not mean
that judges are resolving those cases on policy grounds. Litigation
over the interpretation or implementation of a federal statute will
have significant policy implications -- and deciding the case will, in
many instances, "make policy." But this is wholly consistent with the
idea that a judge's responsibility is to interpret and apply the law
without regard for those policy consequences
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blah-blah-blah. That it happens to be true does not make it less repugnant. Nor does
it make arguments for dismantling this stinking system down to
its frame and rebuilding it less inviting. Anyway, with Obama it's a given
that we'll get another leftist ideologue like whats-her-face with
cancer? I want to live in a state where gummint ignores the SCOTUS when it oversteps, and issues Jackson-like retorts like --"John Marshall has made his decision; now let him enforce it!"
I want enough people to feel the same way so that it happens. Texas? South Carolina? Please, somewhere that's not cold, so MoSup will go
with me.
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Come on down to North Florida. We can even park you B-52 here in Green Cove.
ReplyDeleteTim
Well, Florida might be out. This month we are awaiting the limiting of the access of Everglades National Park (The entire extreme tip of Florida. "Climate change and rising sea's are just one reason they give. Of course the Feds charged with its upkeep did nearly nothing after hurricane Wilma. This is probably the most fierce, desolate, magnificent and thriving ecosystems on earth. Even despite my little 40HP outboard.
ReplyDeleteThe big pig wants it all. It will not stop until we are French.
Tim -
ReplyDeleteIs that Green Cove Springs near St. Augustine in Clay County? We lived there - in abandoned U.S. Navy WWII era housing - in '68 the year that Dad was in Vietnam.
Best, Mark in Arlington, VA
Why is it that liberals always have to have someone to tell us what they "meant to say" and to ignore what they did say? It never seems to work that way for conservatives.
ReplyDeleteGrinfilledCelt
I'm on the same side as MoSup. I want to be where it's warm. That said, Miami has become a cesspool and I want out. Out out out, and if I could just find a viable option.
ReplyDeleteCome on Linda, Hialeah is the 4th most conservative city in the US. They have already had the Obama magic. Good food, good fishing, tacky protruding Latina buttocks everywhere......
ReplyDeleteWhere ya gonna go to beat that?