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The First Amendment
While an independent judiciary is a nice convenience, it is not the sole or even the necessary protection of the First Amendment. The real protection for the First Amendment is the people, as voters and as citizens and if necessary as activists. If we elect representatives and presidents who respect our liberties, we will not need an independent ...
Posted to Jurisprudence by Breadbaker on September 20, 2007
Re: O'Conner, Standing, and other thoughts
Foobs:On an aside, I think the flaws of the current court can be analogized to the infield fly rule. The infield fly rule exists because otherwise a strict following of the letter of the law would mean a manifest injustice. The belief that judges exist, not merely to apply the law, but to know when to break the letter of the law to pursue ...
Posted to The Breakfast Table by pryoslice on June 27, 2007
The joke's on us
The courts always have trouble with humor. They're serious places filled with serious people in serious clothes doing serious things. Judges demand - and expect -respect, and don't tolerate jokes. Even when they talk about humor, they fall back on Important Satirists like Jonathan Swift, and don't discuss the equally subversive, but much funnier, ...
Posted to The Breakfast Table by randy-khan on June 26, 2007