[DiogenesLamp]

The original poster seemed happy to rely on these cases when he thought they supported his position. Now that's refuted, you want to argue that since one of the judges involved was appointed by Carter, that whole ruling is discredited (three judge panel). Which doesn't address the other case cited, where the judge was appointed by President Nixon.

I go further than that. As far as I'm concerned, the whole Judicial barrel is rotten. It yields mostly rotten fruit. You have to pick around in it for awhile to find a Scalia, or a Rehnquist, or a Thomas.

Eisenhower was said to have remarked about Earl Warren: "Biggest damfool mistake I ever made. "

[sometime lurker]

Ah, then what it really comes down to, do you respect the law or not? Do you recognize that the law, imperfect as it is, is far better than anarchy and capriciousness in public life?

Because if you want a government of men and not of laws, you want a king and not elected officials.