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To: darkangel82

"The executive director of the League of American Families, John Tomicki, opposing the petition of these couples, said before the proceedings, “We hope the court will resist the temptation to legislate from the bench.” That is a tired argument and was used to try to stop the Supreme Court from both declaring segregation illegal and supporting the rights of women to equal treatment. Legislating is an interesting code word. New Jersey’s Assistant Attorney General Patrick De Almeida took the same line in his closing statement, basing his entire case on the argument that this is an issue that should be decided not by the courts but by the legislature. Since when, I wonder, have basic human rights been granted by the vote of the legislature, rather than by the guarantee of the Constitution?"

Not only is he a bad pastor, he's an awful legal analyst as well. There is no 'code word' in denouncing 'legislating from the bench', it is a direct statement that judges ought not define a ruling based on judicial fiat, without a concrete basis in the text of the laws.

Without rule of law, we have judicial tyranny and from that NO RIGHTS AT ALL.

This man is an idiot.


2 posted on 04/26/2006 12:43:13 AM PDT by WOSG (http://freedomstruth.blogspot.com/)
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To: WOSG
...it is a direct statement that judges ought not define a ruling based on judicial fiat, without a concrete basis in the text of the laws.

Without a concrete basis or in defiance of sufficient, relevant sources.
8 posted on 04/26/2006 6:17:44 PM PDT by Das Outsider (Are Marxist academics and apostate bishops trustworthy enough to tell you who the "real" Jesus is?)
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