Re: Ideal System...Schiavo as an illustration
Sure, Congress deserves some blame for nonclarity, but judges are political decision makers all the time.
It is not an accident that the 9th Circuit gets overruled by he Supreme Court all the time - they don't follow the precedents and insist on making decisions based on their own personal beliefs.
Courts "find" new rights and "hidden" provisions in long standing laws all the time, much more than can be explained from fuzzily worded laws.
Judges must earn the respect they feel they are due, by acting like judges instead of like politicians.
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