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Response to TrogL (Original post)

Tue Dec 11, 2012, 07:45 PM

7. That is bad practice by the court, aiming towards perfidious law. The traditional notion has been

that the Court addresses such arguments and issues as may come before it, not that it reaches into the wider world to choose its own arguments and issues -- as it did so wrongfully in Citizens United

It has moreover been a traditional past view that, whereas Congress and the Executive both have a role in the passing of laws, the men and women of Congress may therefore have some standing to see the laws enforced

The issues in DOMA ought to be such straightforward matters as, Whether DOMA offends against the full faith and credit clause? and Whether DOMA offends the equal protection clause? -- questions to which the Court should answer firstly Yes and again secondly Yes

No good will come of the Court's continual topsy-turvying of long-held procedural views, such as the attack on stare decesis in Bush v Gore, or the sudden unwarranted expansive increase of case scope in Citizens United, or the sudden notion that the Congress may have no standing to argue before the bar for the enforcement of laws it passed

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Replies to this discussion thread
Arrow 12 replies Author Time Post
TrogL Dec 2012 OP
jody Dec 2012 #1
blueclown Dec 2012 #2
jody Dec 2012 #3
DonRedwood Dec 2012 #5
blueclown Dec 2012 #8
karynnj Dec 2012 #9
blueclown Dec 2012 #11
karynnj Dec 2012 #12
Tempest Dec 2012 #4
elleng Dec 2012 #6
LineNew Reply That is bad practice by the court, aiming towards perfidious law. The traditional notion has been
struggle4progress Dec 2012 #7
PSPS Dec 2012 #10
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