Absolutely! One thing that is very true of the US legal system is that they are extremely lazy and instead of making decisions they rely on past decisions.
The Court ruled so in my opinion the tea party protests, pro life rallys, ect.. ALL are protected right now because of this decision.
And every conservative legal team can site this decision if a lib tries to sue us.
There's one thing to be said for laziness, or methodically cautious.
I wish the rest of government worked in the same manner.
The Constitution is the Supreme form of Precedence yet most agencies go wild in writing their own laws of the land.
There is so much that should be squashed as unconstitutional yet how many hours are there in the day for the Supreme Court to decide?
Unfortunately Westboro Church got their 'Pursuit of Happiness' but if they didn't, it would be even more unfortunate for the country as a whole.
The courts aren't being lazy. Our entire judicial system is based upon the principle of Stare Decisis, which means that the courts must give great deference to past decisions and not seek to rule on settled matters.
One thing that is very true of the US legal system is that they are extremely lazy and instead of making decisions they rely on past decisions.
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Very odd take on the legal system.
The past decisions that are used have passed Constitutional muster, so of course there will be some reliance on past, Consititutionally correct decisions.
Would we not call it judicial activism otherwise?