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To: k2blader
"For the second time in my judicial career," he began, "I am forced to follow a Supreme Court opinion that I believe to be inimical to the Constitution."

So in other words, he admitted to violating his oath. And what the hell does he mean, "forced"? Was someone holding a gun to his head?

14 posted on 07/07/2005 12:55:28 PM PDT by inquest (FTAA delenda est)
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To: inquest

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.





23 posted on 07/07/2005 1:28:25 PM PDT by planekT (The Supreme Can of Worms.)
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