3 ms·
IANAL The intent behind Thomas's particular brands of "fatuous pedantry" (more commonly called textualism or originalism) are preserving a maximum amount of po
by cookiecaper 9y ago
IANAL
The intent behind Thomas's particular brands of "fatuous pedantry" (more commonly called textualism or originalism) are preserving a maximum amount of power to the people through their representative governments.
If the people of Colorado did not see fit to provide such recourse to their exonerated ex-convicts, Thomas believes that the Constitution does not require them to do so. The Constitution merely requires equal protection under the law, and there is no law that is being applied unequally in this case; everyone is equally entitled to seek relief under the Colorado statute, which presumably represents the will of Coloradans as expressed through their state government. If Colorodans do not like this, they can enact change through their government.
When the Supreme Court acts and rules a law either valid or invalid, it's an unelected branch of the federal government imposing its will on the people. This is especially sensitive when the will is being imposed on the states. The Constitution was carefully designed to limit the reach of federal power and allow more authority to more local governments. Disputes over the extent of state's rights are no trivial matter -- they've caused our only civil war thus far.
Anyway, I've found that a great deal of judicial activity is based on highly technical issues that many would consider "fatuous pedantry". IMO it is totally reasonable to suggest a basic modernization/overhaul in our legal system. Until then, however, my experience is that "fatuous pedantry" and "law" go together so often they may as well be synonymous.