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Old 11-14-2008, 09:23 AM   #1
Cadaverous Pallor
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Quote:
Originally Posted by Kevy Baby View Post
And the left would do the exact same thing if the courts did something they didn't like.
I keep trying to come up with a comparable situation and keep failing.

Of course, if the courts decided to restrict rights instead of allowing them, I'd be pissed off, and people that were fans of such a thing would be happy. But I think that's kind of the point...
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Old 11-14-2008, 09:33 AM   #2
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Originally Posted by Kevy Baby View Post
And the left would do the exact same thing if the courts did something they didn't like.
I don't deny the fact that there are actual instances of judges legislating from the bench. I can't deny that the left doesn't use the phrase too. But since Bush, McCain etc started flying that term around in regards to marriage equality, a lot of conservatives have been using it in lockstep. It's a blanket, catch-all phrase that has been used to discount court findings that say, hey they do deserve the same treatment. When several courts in different states are deciding the same thing, shouldn't that mean something? No, let's just label their findings as that, it's easier to dismiss that way. When a group is sleeping in the same bed with these rigid churches and religious organizations then decides to discount the courts, I find that dangerous.
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Old 11-14-2008, 11:00 AM   #3
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Quote:
Originally Posted by Gemini Cricket View Post
I don't deny the fact that there are actual instances of judges legislating from the bench.
With all due respect, Mr. Cricket, you are incorrect. There's no such thing as legislating from the bench. No judge has ever passed a law. Judges interpret the law and even the most evil and depraved rulings are but twisted interpretations of the law.

Some may find those interpretations so twisted they are contrary to the actual law (in their opinion), but they are not new law. Judge's set precedent. It is not law. I admit that may be confusing to the layman.

So please consider yourself informed.



Name me an instance of judge's legislating from the bench. That's a challenge open to Kevy, Cricket, and everyone.


Sorry, but the term makes me ill, it's for retards, and I'm sick of it.


It's so disrespectful of the brilliance of our admittedly imperfect system. Not all justice is really that ... too far from it, I'm afraid. But try to imagine where we'd be without our structure for impartial justice. OMG, how much more fuct our lives would all be.

We certainly wouldn't have been fighting to preserve our marriage rights. We wouldn't have had them.




Sigh. My apologies for the rant. Pet.Peeve.
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Old 11-14-2008, 11:06 AM   #4
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Quote:
Originally Posted by innerSpaceman View Post
Name me an instance of judge's legislating from the bench. That's a challenge open to Kevy, Cricket, and everyone.
This is a silly challenge. You make a statement about the legal terminology that you are better informed than Cricket or I (and most of the people on LoT).

My statement was a simple observation in response to GC's post:
Quote:
Originally Posted by Gemini Cricket
If the courts come up with a decision that the religious "right" doesn't like, they automatically throw around the phrase "legislating from the bench".
And my response was not in regards to the specific wording but a comment that neither the right or the left is immune to a critical response if a decision doesn't go the way they want it.
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Old 11-14-2008, 09:26 AM   #5
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Voice of bu!!sh!t. Maybe you can find me an example, but I've never seen an instance of progressives claiming such absurdities. Not even with hardcore rightwing Supreme Court rulings.


Oh, the one exception ... and it wasn't referred to as legislating from the bench - - it was referred to as a coup d'etat.



In my experience, however, progressives have a positive and accepting view of justice, even when they don't agree with every ruling and decision.


Instead, it is indeed the legislature we decry for what are deemed crimes in this nation. But we are blessed with, ya know, intelligence and we call judges' decisions that are a crock or immoral, a "crock" or "immoral." We don't call them legislation.
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Old 11-14-2008, 09:31 AM   #6
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I'm free and work 5 minutes away. I've got a sign in my car (I was in a hurry out the door so stupidly only grabbed one sign instead of the 3 I have to share) and will most likely be there.
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Old 11-14-2008, 10:45 AM   #7
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I'm free and work 5 minutes away. I've got a sign in my car ... and will most likely be there.
AND ... you're my new hero.
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Old 11-14-2008, 09:35 AM   #8
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Old 11-14-2008, 10:00 AM   #9
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It's not "legislating from the bench", it's "fufilling their constitutional duties". Anyone who thinks that judges shouldn't overturn unjust and unconstitutional laws is anti-American.
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Old 11-14-2008, 11:06 AM   #10
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(bolding mine)
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Originally Posted by JWBear View Post
It's not "legislating from the bench", it's "fufilling their constitutional duties". Anyone who thinks that judges shouldn't overturn unjust and unconstitutional laws is anti-American.
Dude, you just wrote an awesome sign!
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