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Old 02-15-2006, 02:00 PM   #46
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Originally posted by nbcrusader
Are you suggesting that all laws are to be interpreted by a "living organism" standard?

The challenge of applying law to specific facts does not automatically demand a living organism standard.
Whatever mechanisms you use to apply law, it is interpreted and subject to change.

Call it whatever standard you like, but that is a living organism.
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Old 02-15-2006, 05:39 PM   #47
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Then we are talking about two different things.

Reasonable people can come to differing conclusions regarding a law.

The "living organism" standard says our decisions should be driven by a desired outcome, not how we view established precedent.
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Old 02-15-2006, 06:57 PM   #48
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Nah, we're still talking about the same thing.

I'm saying it doesn't matter what standard you use, the result will still be desired outcome.

If there is an example of where that doesn't hold true, I'd like to hear it.
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Old 02-15-2006, 07:06 PM   #49
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I think you discredit the judicial system if you believe that all decisions are based on the desired outcome. That just isn't the reality.
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Old 02-15-2006, 07:23 PM   #50
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Quote:
Originally posted by nbcrusader
I think you discredit the judicial system if you believe that all decisions are based on the desired outcome. That just isn't the reality.
Tell that to the Religious Right and Ann Coulter.

We can play semantical games, ultimately. "Original intent" is always part of the judicial equation; however, justices like Scalia and Ginsberg will likely have completely opposite views of what that "intent" means. Where I take offense is not in Scalia's paleolithic view of the world as much as he thinks that only he has the "correct" interpretation of the Constitution, and liberals, by default, are nothing but "activist judges." On the contrary, I'd say that "liberal judges" have just as much historical credibility as Scalia thinks he has.

He really is a pitiful excuse for a judge. "Impartiality" that we'd expect from the judiciary doesn't even register in his vocabulary, and he should have been impeached a long time ago for all the bigoted comments he's made around the country over the years. Again, I may disagree with an equally conservative judge, Clarence Thomas, but he has about 100x more professionalism than Scalia ever has had.

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Old 02-15-2006, 07:35 PM   #51
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Do I though?

Reality is that the judicial system exists to serve the citizens bound by it.

And where a law doesn't serve those citizens, it will eventually be changed.

The degree to which you strictly apply precedent will generally only affect the pace of that change.
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