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To: Republic
Having to follow the law, as written, as per his oath of office, must be heartbreaking for this good man.

Ultimately, there needs to be some clarification as to whether laws are supposed to apply to facts as they exist, or as a judge claims the facts to be. To be sure, judges should be given great defference in their factual findings, but if a government worker knows that the judge's factual basis for a ruling is just plain wrong, should he "pretend" that the factual basis is correct, or should he act upon what he knows and face the consequences?

I would posit that if the law says that if an action may only be performed if certain conditions apply, and those conditons do not in fact apply, then the action is not legal even if a judge can be wrongly pursuaded that the conditions apply. Although from a legal standpoint proving the judge wrong may be difficult, a judge's declaration that the sky is purple does not make it so.

5,905 posted on 03/13/2005 7:46:49 PM PST by supercat ("Though her life has been sold for corrupt men's gold, she refuses to give up the ghost.")
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To: supercat
But does this not all get back then, to greer as ascribing to himself..'the finder of fact'. I think that is what it was...the assignment a judge can give to himself in a case that renders it free from the scrutiny and challenge of other judges, etc?

It is amazing to me, that a judge who is actually legally blind, is such a biased judge.

5,907 posted on 03/13/2005 7:52:01 PM PST by Republic (My life support tonight-a carb lite beer and brie.)
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To: supercat

I was just watching "Saving Millie" . The story of Mort Kondracke and his wife who died of Parkinsons disease. When it got to the feeding I was floored. He said he didn't think he could do it if she refused it. She didn't refuse it. Oh, how sad that having to have a feeding tube is seen as artificial life support. It was a great love story, btw.


5,909 posted on 03/13/2005 7:59:53 PM PST by Lovergirl (To Jeb Bush.. YOU ARE THE GOVERNOR...Greer is just a judge.)
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