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Old 03-30-2005, 03:42 PM
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Default Re: Ideal System...Schiavo as an illustration

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The courts should try to interpret honestly and objectively, rather than try to make their own laws. Many courts fail in this, and this is a problem that needs to be corrected.

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The blanket, ridiculous critical statements about the judicial system seem keep proliferating.

My friend, your statement is not accurate. "Many courts" do not fail to enforce the law as written. You will find that it is the most unusual circumstance that would have a court doing so, and that court would be reversed on appeal, every time.

The problem is not the courts. It is with a Congress or a legislature that, for political purposes, passes vague laws. They then throw it into the laps of the courts to interpret the law and try to figure out what the legislature intended. In this manner, the legislature avoids taking an overtly unpopular opinion, and can point the finger at the courts when they necessarily reach the unpopular conclusion.

Don't fault the courts. Fault your lawmakers for not passing clear bills.

I don't fault you or the others for such statements, however. The genesis is the cabal that loves to scream about "activist judges" and blames the judicial system every time there is a ruling that they don't like. It's all a fiction. If you don't like a ruling, criticize the rationale, but don't criticize the courts. The rule of law requires that our elected officials foster respect for the judicial process. Unfortunately, some of them don't do so, and that's a dangerous thing.
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