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Old 11-14-2008, 10:48 AM   #1
Not Afraid
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There is also a protest in LB (City Hall) tomorrow at 10.
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Old 11-14-2008, 10:50 AM   #2
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^ I think that protest is everywhere at City Hall tomorrow.
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Old 11-14-2008, 11:05 AM   #3
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Maybe I'm confused but if every judge thought the way you do, then there should be no disagreements in the Supreme Court. There wouldn't be a concern about who is appointing judges to the Supreme Court if they were all interpreting law correctly. I can't for a second believe that someone like Scalia has never voted without his conservative agenda in mind.
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Old 11-14-2008, 11:08 AM   #4
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Quote:
Originally Posted by Gemini Cricket View Post
Maybe I'm confused but if every judge thought the way you do, then there should be no disagreements in the Supreme Court. There wouldn't be a concern about who is appointing judges to the Supreme Court if they were all interpreting law correctly. I can't for a second believe that someone like Scalia has never voted without his conservative agenda in mind.
He's not saying all judges make correct decisions or don't vote according to an agenda. He's saying that the term "legislate from the branch" (and I'd lump "activist judge" in with it) is a deceitful misnomer used to dismiss decisions that conservatives happen to not agree with.
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Old 11-14-2008, 11:20 AM   #5
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Quote:
Originally Posted by Ghoulish Delight View Post
...a deceitful misnomer used to dismiss decisions that conservatives happen to not agree with.
Couldn't it also apply to a decision that a liberal happens to not agree with as well? Or a moderate?
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Old 11-14-2008, 11:22 AM   #6
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Quote:
Originally Posted by Kevy Baby View Post
Couldn't it also apply to a decision that a liberal happens to not agree with as well? Or a moderate?
You'd be hard pressed to find liberals or moderates using either of those terms.They are dismissive phrases used almost exclusively by right wing political hacks attempting to discredit the judicial branch.

You'll find liberals disagreeing with particular rulings, but you will not find them outright dismissing the role of the courts.
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Old 11-14-2008, 11:26 AM   #7
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Couldn't it also apply to a decision that a liberal happens to not agree with as well? Or a moderate?
It could. But so far, it has been a term used exclusivly by the right.
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Old 11-14-2008, 11:17 AM   #8
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^ yes, GD says it better than I. Sorry I flew off the handle, but being in the law biz (disclaimer: I'm NOT a lawyer), I find the absurd charge of "Activist" judges and "Legislating from the Bench" so completely offensive.

Otherwise, of course, I agree completely with what Gemini Cricket posted above about what a rightwing catch-phrase it has become. And, in turn, that's why it bugs me so much.

Worse, it's a dangerous slope that promotes intolerance for the rule of law. I'm certainly not one to be in lockstep with the rule of law ... but without a certain measure of respect for our judicial system, we're screwed. But of course, not nearly as much as we'd be screwed without our judicial system ... which is why wholesale disrespect for it really bugs me.
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Old 11-14-2008, 11:24 AM   #9
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As I already pointed out, there are PLENTY of decisions we progressives disagree with. No progressive I've ever known or heard has ever used those terms of dismissal.

We simply say we disagree, set forth why, and speak like intelligent people - instead of demonizing and using misleading phrases as ad hominem attacks as if we didn't have any other leg to stand on for our rational arguments.



Let's face it, liberals and progressives are just So Cool.
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Old 11-14-2008, 11:25 AM   #10
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Seriously, is there an example of a judicial decision that progressives have called "legislating from the bench"?

Oh, and psh, the concept that everyone on the left wing "speaks like intelligent people" is a joke.
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