Posted on 07/07/2005 10:32:52 AM PDT by nickcarraway
"Benjamin Cardozo was a celebrated legal scholar and jurist, and his family did hail from Portugal, but he was a Sephardic Jew (and proud of it). Numerous Jewish legal scholarships, etc., bear his name, including the Cardozo School of Law at Yeshiva University."
Plus Benjamin Cardozo was also appointed to the Supreme Court by Republican President - Herbert Hoover.
Your opinion, mine is that the SCOTUS made new law, hence my use of the term law rather than precedent.
You are correct. He need not have voted for something he believed unconstitutional despite a prior Supreme Court ruling.
In fact, I recall reading a thread here on this forum of a Judge who did just that, and his ruling was never challenged or overturned (likely because he got it right). Wish I could remember more detail then that about the case, but apparently it has happened, at least once.
If the Supreme Court gets it wrong, it should be a Judges' duty to uphold the Constitution, not the erroneous decision.
Not bashing Garza here, but there is precedent for this sort of thing. It's called sticking your neck out for what you believe in.
Nicely put. I couldn't agree more.
Thanks. I enjoy your posts and think that you are a true patriot.
Keep up the good fight. ;-)
I'm going by Garza's own opinion, which is that SCOTUS's precedent conflicted with the Constitution (i.e., the law). But he upheld the precedent anyway. By his own admission, therefore, he violated his oath.
I think I know what you're referring to, though all I remember is that it had to do with the Japanese internment during WWII. At the time, SCOTUS upheld it, but in the '80s, a lower court said it was unconstitutional, and SCOTUS never overruled that decision.
Yep. Whom Cardozo had opposed for election. Cardozo was basically closer to Republicans on foreign policy and business, but he could not stand the anti-Semites who were at that time powerful in the Republican Party.
d.o.l.
Criminal Number 18F
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