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To: aristeides
We are in trouble when bad laws are struck down?
92 posted on 06/28/2003 8:30:36 AM PDT by cherrycapital
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To: cherrycapital
We are in trouble when bad laws are struck down?

Duh, sometimes YES! Two wrongs dont make a right. Or rather, the court must follow the law. correcting an error of the democratic process by violating 'rule of law' would undermine the whole foundations of our political system. If the Legislature erred, fix it there, not in the courts. The Justices were offended by the law, so they plucked principles out of thin air - not the constitution - to reach their decision. Very dangerous! Read the Thomas dissent:

JUSTICE THOMAS, dissenting.

I join JUSTICE SCALIA’s dissenting opinion. I write separately to note that the law before the Court today "is . . . uncommonly silly." Griswold v. Connecticut, 381 U. S. 479, 527 (1965) (Stewart, J., dissenting). If I were a mem-ber of the Texas Legislature, I would vote to repeal it. Punishing someone for expressing his sexual preference through noncommercial consensual conduct with another adult does not appear to be a worthy way to expend valu-able law enforcement resources.

Notwithstanding this, I recognize that as a member of this Court I am not empowered to help petitioners and others similarly situated. My duty, rather, is to "decide cases ‘agreeably to the Constitution and laws of the United States.’" Id., at 530. And, just like Justice Stewart, I "can find [neither in the Bill of Rights nor any other part of the Constitution a] general right of privacy," ibid., or as the Court terms it today, the "liberty of the person both in its spatial and more transcendent dimensions," ante, at 1.

425 posted on 06/28/2003 2:00:19 PM PDT by WOSG (We liberated Iraq. Now Let's Free Cuba, North Korea, Iran, China, Tibet, Syria, ...)
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