You make it sound like the courts are charged to uphold the policy of the current power regime and not the law.
Gosh, that can’t be, can it?
“You make it sound like the courts are charged to uphold the policy of the current power regime and not the law.”
I’ve reviewed a lot of decisions. Many are based almost entirely on the whim of the judge. Not all are. Some judges, thankfully, DO take time to apply the law fairly and rationally. The 2013 Hage decision seemed like one of those where the judge tried to honestly apply the law to the facts of the case. The previous appeals court ruling that threw out the judgment seemed to be making excuses for the government.
In theory, the right of the federal government to regulate grazing on public land is straightforward and beneficial. The problem comes when the individuals who are hired to administer things fairly are, in their hearts, crooked power-loving people.
I think it really comes down to democracy only being suitable for moral people, and it fails when the majority of people reject morality and God. I’ve concluded the only hope for America is religious revival. We’re past the point of being saved by ‘good politicians’. We need good, moral people who fear God and who therefor obey laws and act justly because it is the right thing to do. Government reflects the morality of the people. It does not instill it.