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Supreme court justice Scalia dead!

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Comments

  • #202
    Amerika
    Closed Accounts Posts: 5,176 ✭✭✭Amerika


    oscarBravo wrote: »
    Indeed.
    Didn't you know I'm required to do that? If I don't I get raked over the coals here for stating an opinion as fact... although nobody else seems to have to hold to that standard. :P


  • #203
    Brian?
    Moderators, Recreation & Hobbies Moderators Posts: 21,626 Mod ✭✭✭✭Brian?


    Amerika wrote: »
    No. Again, in Roe vs Wade the Supreme Court invented ‘substantive due process’ by simply saying some liberties are so important that no process would suffice to take them away... the basis for their decision. Therefore they created law by fiat from the bench, and did not rule merely on the constitutionality of the case, as was their duty, IMO.

    Except that they did not create any law, they ruled a law banning abortion was illegal. I honestly can't understand your point.

    they/them/theirs


    And so on, and so on …. - Slavoj Žižek




  • #204
    Amerika
    Closed Accounts Posts: 5,176 ✭✭✭Amerika


    Brian? wrote: »
    Except that they did not create any law, they ruled a law banning abortion was illegal. I honestly can't understand your point.
    Yes they did. And their basis for the ruling is akin to claiming that God told them so. Therefore creating law.


  • #205
    InTheTrees
    Registered Users, Registered Users 2 Posts: 9,900 ✭✭✭InTheTrees


    Amerika wrote: »
    Yes they did. And their basis for the ruling is akin to claiming that God told them so. Therefore creating law.

    Except the Supreme Court doesnt create law.

    Thats not How Laws Are Created is it?

    Ruling a law as unconstitutional isnt "creating law". Its ruling that a law is unconstitutional. Its that simple.

    If you think the Supreme Court is "creating law" then you must also believe that all Appeal Courts are "creating law" also. Are all Appeal Court decisions that overturn lower court rulings also "creating law"?

    Here's a primer on how laws are made in the US:

    https://www.usa.gov/how-laws-are-made


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