Stop complaining about "legislating from the bench"
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UltraMAGAKing
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That's not how law is made in the USA though.
So either do it right.... or endure the bitching about what a dishonest pile of shit you and yours are for subverting democracy via lawfare every chance you get.
So either do it right.... or endure the bitching about what a dishonest pile of shit you and yours are for subverting democracy via lawfare every chance you get.
Rightguide
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Another plea for totalitarian control. There's nothing that warms Peck's cold heart more than an unelected bureaucrat deciding all.
Sean Renaud
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That is exactly how law is made in the United States, always has been always will be. You can bitch all you want it really doesn't change a whole lot.
icanhelp1
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Ya mean like the EPA, CDC, FDA, teachers union. LMFAO
Sean Renaud
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Honestly I have zero problem with this totalitarian control you and BB speak of. Because it really just means an effective government.
icanhelp1
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No it's not, common law where a judge using judicial precedent can expand on case law is not the same as legislating law by congress. IMHO
icanhelp1
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GOVERNMENT FOR THE GOVERNMENT BY THE GOVERNMENT, fuck what the people have to say, well said comrade!!!
Sean Renaud
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When people talk about legislating from the bench they are complaining that they don't like the way the judges viewed this or that. Its not just common law that ends up happening that way.
Government for the people, by the people actually. When you're idea of totalitarian is needing photo ID to operate a motor vehicle you are so far off the reservation that there isn't a lot of point in trying to reach you.
icanhelp1
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Roe vs Wade is a perfect example of legislating from the bench
What judge created a mandatory photo ID? State legislative bodies make laws concerning motor vehicle operators. Usually listed under state general laws. IMHO
Dribble
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That isn't how I view it at all.
Every decision...should be based on existing laws and precedents. If a Judge decides to not do this...and to do it without any judicial reasoning...means they did it for political motives. All political beliefs of the Judge, must remain impartial in their decisions..else...they are violating their oath. If a Judge cannot support their decision based on Law...then they are legislating from the bench...a complete violation of the Constitution. This works for both parties. Every Judge should make a decision based on existing laws...not what they think. Impartiality.
Sean Renaud
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There are too many things that are ultimately up to opinions. A great example for that would be school segregation. Nothing in the Constitution says anything about segregation one way or the other.
UltraMAGAKing
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What you wish and what actually is are two different things.
That's why you and the comrades are going to have to suck on that roe v. wade reversal long and hard ..... because no that's not actually how law is made.
If you had actually made laws to protect abortion none of this would be going on.
But you guys can't... not enough spine in the lot of you to stand by your policies.
Nope... which is why red states are going to be banning abortion soon and there won't be a fucking thing you and the pro baby murder gang can do about it.
Sean Renaud
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There didn't seem to be a reason to pass it, not that we could have if we'd wanted too but that is the curse of the Left. We believe in fair play and all that shit.
Oh, while it probably won't happen for a few years this bullshit will make women vote Blue for an entire generation. Its a fair trade off and I hope the supposedly liberal media keeps a death count for this.
Oh, while it probably won't happen for a few years this bullshit will make women vote Blue for an entire generation. Its a fair trade off and I hope the supposedly liberal media keeps a death count for this.
Yes, it is. This is a common-law jurisdiction. Always has been.
Judicial precedent expanding on case law plays a bigger role in the system than legislatures' acts. Ask any lawyer.
It is a perfect example of there not being nothing wrong with legislating from the bench.
ll74
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It's an example of the courts recognizing unenumerated rights based on their interpretation of the Constitution
UltraMAGAKing
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That's why the left is shitting bricks over Roe right??
You're confusing leftist run arounds on the law for their unpopular bullshit with actual legislation.
LOL.....if you actually made law to make actual abortion rights the correct way Roe wouldn't matter... you know why?? Because legislating from the bench is not how law is actually made.
icanhelp1
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Ya there is, if you can't see it then you're beyond help.
Legislating from the bench is to wrest the legislative authority from a legislative body.
Common law/ judicial precedent are *judgements* that are made where statutes don't exist and previous court decisions of subsequent cases (judgements) do: hence precedent/common law, which can be struck down by the legislative process.
Precedent is a previous court decision used as an authority in deciding similar cases *stare decisis* to help judges rule with consistency, to say that that process is creating law is a stretch.
Because some do doesn't make it right.
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Dribble
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Wrong. Roe wasn't...and hasn't been overturned. The states are simply allowing raped women that get impregnated due to the rape to have "an opportunity to accept God's Will". Watch and learn...companies are already pulling out of those states.
It was always creating law. Lawyers approaching an undecided question typically say "We'll make law," i.e., we'll persuade the judge to see it our way and set precedent.
UltraMAGAKing
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I didn't say it had been.
Whatever... that's that states bidnizz.... their democracy.
Why is democracy such a problem with you "progressive" authoritarians??
So what??
That's like Chik-A-Filet threatening to leave California!!! LOL.... OK!!!
The UltraMAGA states would love progressives, their companies and their weirdo ideology to get the fuck out.
100%..... go to California, New York or some other blue state.
That's never good for a state's economy.
