|
#1
|
|||
|
|||
Supreme Court Chickens Out On Pledge Case
He he he. They decided the case on standing, not the issue everybody wanted. Here's a link. case
It looks to me like there were some votes to overturn the pledge but they thought it would be too radical. Interesting dissent by Thomas who kind of backs up the 9th Circuit by saying that the relevant Supreme Court cases mean that having kids say the pledge in public schools is unconstitutional, but those cases are wrong. Oh well, a no decision is better than a wrong decision. Thomas's analysis looks problematic if adoped in the future. I will have to read it more carefully. |
#2
|
|||
|
|||
Re: Supreme Court Chickens Out On Pledge Case
The only problem I have is that this standing decision takes Scalia off the hook the next time. He will be careful not to comment on the next Circuit Court opinion and won't recuse himself.
Ragnar |
#3
|
|||
|
|||
Re: Supreme Court Chickens Out On Pledge Case
This never made any sense to me. How does having an opinion on a subject make one unfit to render judgement in a case that might be tangentially related to your belief system? some Mark Twain wrote a good rant about how the jury system is so ridiculous to preclude anyone from sitting on a jury that has any knowledge of the case being tried. It effectively filters out anyone with any shred of intelligence or sense of community responsibility.
|
#4
|
|||
|
|||
Re: Supreme Court Chickens Out On Pledge Case
I understand Boris' idea that having a position in general should not disqualify a judge from sitting on a case. I agree and that is generally the law. However, what Scalia did was different. He voiced an opinion about a case that had been decided by a lower court and was going to his court without reading the briefs or hearing the argument. That is pre-judging a specific case without all of the facts and is a disqualifier. That is why I think he will keep his mouth shut about the next pledge case and participate.
Ragnar |
#5
|
|||
|
|||
Re: Supreme Court Chickens Out On Pledge Case
So they waffled out of the case by technicalities in custody issues?
Chickens indeed! I think, 'under God' should be changed to: 1. under god Or- 2. under Zeus Or- 3. under Satan Or- 4. under X, with X being the God of personal choice, for example Aphrodite, Allah, or Noam Chomsky. Now the theologians will no doubt chime in and point out that Satan is not a god but a fallen Angel that harbors a malevolent vendetta against humanity. So perhaps this will not fly. Which is too bad. Perhaps Bush would be a good replacement as many think that he is Satan personified. -Zeno |
#6
|
|||
|
|||
Re: Supreme Court Chickens Out On Pledge Case
I thought they wanted to change it to "Under Ashcroft" since he is the all-knowing giver and keeper of Laws.
|
#7
|
|||
|
|||
Re: Supreme Court Chickens Out On Pledge Case
I like the 'under Ashcroft' idea, although I think Judge Scaila thinks he is God also and would fit in just as well. 'Under Scaila' has a better ring to it, I think.
-Zeno |
#8
|
|||
|
|||
Re: Supreme Court Chickens Out On Pledge Case
[ QUOTE ]
I like the 'under Ashcroft' idea [/ QUOTE ] But Ashcroft reports to a higher authority: me. [img]/images/graemlins/grin.gif[/img] |
#9
|
|||
|
|||
Re: Supreme Court Chickens Out On Pledge Case
[ QUOTE ]
think, 'under God' should be changed to: 1. under god Or- 2. under Zeus Or- 3. under Satan Or- 4. under X, with X being the God of personal choice, for example Aphrodite, Allah, or Noam Chomsky. [/ QUOTE ] Nah. I think that, as poker players, we should lobby for the inclusion of "Acceptable Standard Deviation" or perhaps just "Varience." These terms would offer a much better explanation of our underlying faith. Plus, I would sleep so much better knowing that our Pledge of Alligence, long may it wave, contained the word "Deviation." |
#10
|
|||
|
|||
Re: Supreme Court Chickens Out On Pledge Case
I forgot an important comment-
Lawyers, quite a pod of slippery bastards. [img]/images/graemlins/smirk.gif[/img] -Zeno |
|
|