[CAluvdubya]

Well, here in CA, the courts are notorious for making horrid decisions. Let's take the latest, the gay marriage decision. Anybody here think that was a right decision? I'd wager that the TX courts have made mistakes as well. I think this is one of them. Just because the court orders it, doesn't always mean they are right.

Why else do any of you care who the next president is that can appoint judges to the USSC if the courts decision are always right, no matter what?

Judges can get it wrong, too.

[longtermmemmory]

They can and do however this is actually not that dramatic a decision. It is fairly consistent with other similar rulings across the nation.

Judges have to hear the evidence. In this case there was no such hearing just a blanket off with their heads type of ruling. Also do not confuse de novo with abuse of discretion.

In order to have overturned this judges decision, the judge really really really had to screw up. abuse of discretion is a VERY high hurdle to overcome for an appellant.

Unfortunatly McCain thinks Alito and Roberts were “too conservative” and he offers us promises of another occonor and souter. (Hard to be hopeful with three democrats running for the Presidency.)

If we don’t fight fair, it will open the door for convictions in the criminal case to be overturned, or worse hand children back to abusers in the CPS case. Remember this appeal is not about the conduct of the accused, it is about the conduct of the government’s CPS. Right now the trial judge thinks she can do not wrong. that is not a strong position.