Friday, July 25, 2008

Judiciary (Re: Scott)

To clarify:

Karl mentioned his dislike for the term "legislating from the bench"; that is, he thought it exaggerated or inappropriate or overused or...well read his post to understand what he meant. I obviously was not advocating "legislating from the bench" by asking him to clarify why he disliked the term.

My questions were (are) twofold:

1. Is it possible for the Supreme Court to wrongly decide a case
2. If your answer to #1 is yes, tell me how you would know it was wrongly decided

Your answers if I understand them were:

1. Yes
2. ? When you disagree with them? Or when the majority of people do? Or when some group (you, me, a majority, maybe everyone) deems something racist? Or if 50+ years later most everyone agrees it was wrong?

I'm not sure I clearly understand your view on question 2. Suppose the court made a decision today. How would you know whether it was wrongly decided? On what basis would you make an argument with someone who disagreed with you?

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