4 ms·
As a friendly reminder, the legislature crafts the laws while the courts judge if they are followed or not. There is a definite place for the legislature to st
by mfer 4y ago
As a friendly reminder, the legislature crafts the laws while the courts judge if they are followed or not.
There is a definite place for the legislature to step in and be clear here.
- giantg2 4y ago"while the courts judge if they are followed or not." Or in the case of qualified immunity, create it out of thin air.
- mfer 4y agoIt's not created out of thin air. There is a lot of reasoning and background on it. Whether I agree with it or like it is entirely different.
- giantg2 4y agoIs there a law granting this power? No. It was created by the court. I can reason about something all I want, but it doesn't make it the law.
- dwallin 4y agoTo be clear, qualified immunity is entirely a judicial branch legal principle, and not a law that was passed by the legislative branch.
- mfer 4y agoIf laws are created in this space than the judicial legal principle MUST to be reworked/updated/changed to accommodate it. The law is a higher priority.
- dwallin 4y agoThere IS a law (Section 1983), which stood whole for almost a century, before the Supreme Court largely gutted by inventing this legal principal out of thin air.