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> "... Our only function lies in discerning and applying the law as we find it." The judiciary has other essential roles, including adapting laws to new circum
by wolverine876 3y ago
> "... Our only function lies in discerning and applying the law as we find it."
The judiciary has other essential roles, including adapting laws to new circumstances, justice, fairness, and mercy. The judiciary fails when it hurts people or causes injustice simply because Congress didn't anticipate some circumstance (and obviously Congress can't anticipate every circumtance).
They pull out the claim above when it suits them, and then are expansive about US tradition, Congress's 'real' intent, etc. when it suits them.
- SpicyLemonZest 3y agoBut the judiciary also fails, and arguably fails worse, when they make people believe that the law is a game of Calvinball and there are no rules beyond "most sympathetic party wins".
- wolverine876 3y agoWho here or anywhere has advocated decisions based on 'most sympathetic'?
- zdragnar 3y agoYour earlier criteria of "fairness" and "mercy" certainly apply.
- wolverine876 3y agoThose words mean different things.
- miley_cyrus 3y ago"The judiciary fails when it hurts people or causes injustice ..." Totally disagree. The judiciary should not make up law. They are 9 people who have not been elected, have life terms, and have zero accountability to the people. If there needs to be new law, that responsibility should fall on our elected representatives, in other words Congress.
- wolverine876 3y agoCongress cannot cover every possibility, nor respond to every change in circumstance. The law has never worked that way. Judges apply the law.
- grt_thr 3y ago[dead]