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Blind Justice Peeking

Tuesday, August 22, 2006


The Rule of Law, Sort Of

My only credential for pontificating about court decisions is that briefly in 9th grade I thought I wanted to be a lawyer. (In plenty of time, I realized that many future lawyers major in history in college. Oops…time to rethink!) However, we all aspire to be counted in the Informed Citizenry category, and I’ve at least made a personal pledge to study the topics I’m talking about. First I read a New York Times article by Adam Cohen about how the Supreme Court regarded the Bush v. Gore decision in 2000 a stand-alone case; it is not supposed to be discussed or used as precedent in other cases, even ones about the narrow notion of equal protection of all voters’ rights to use the same dependable voting methods. Then on NPR, I heard a discussion about the many district court “unpublished opinions” which are not supposed to be used as precedent in deciding future cases; you can listen to the piece here. The job of lawyers just got a whole lot easier—or maybe harder—if they don’t have to research and be guided by all the other relevant cases from the past. I’ve always assumed that was a given. Who wants to live in a country where a case is considered and decided upon in a vacuum and without reference to the body of existing law? There are enough pitfalls or opportunities for human error (judges are making judgments, after all) without introducing the notion of starting from scratch on each new case and depending simply on such factors as the persuasive skills of the lawyers or the political leanings or whims of the judges. This seems to me to be a serious issue of fairness and consistency that needs more light shed on it.


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Linda Evans 24-Aug-2006 11:47
The revelations from the Cohen article were "news" to me...but somehow not surprising. GWB sees himself as a COWBOY-CRUSADER, and we all know how democratic the Crusades were! Thus, his cronies have empowered him to level many horrid decisions upon our nation that reek of despotism, at the very least. (The Supreme Court's treason was certainly one of the crimes of the century though!)

I, however, do NOT give up, nor do I feel "all is lost". There ARE fair minded judges, and even committed, caring congress-people (Is that a word?) who work to ensure freedoms, rights, and priviledges. WE must do the same. BE ACTIVE AND INVOLVED, DON"T GIVE UP YET!

(I'm volunteering in Hillary's office next Thursday, in fact...) :-)
Guest 22-Aug-2006 14:09
So do you think that will happen? Wouldn't it be "loverly"! Along with someone speaking up and having the courage to call this president a LIAR to his face...oh, like maybe someone in our paid for pundit media perhaps. Maybe Lou Dobbs, that fine fighter for freedom from ILLEGAL ALIENS, would take it on. Sadly with each passing day our democracy becomes a JOKE both here and around the world. As I no longer allow myself to believe that another election will "fix" or even begin to fix things it often seems that reasons to hope for the GREAT AMERICAN EXPERIMENT are doomed. How's that for a bright and happy response to your thoughtful, and informed, opinion?
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