Reply #71: To be honest, I have mixed feelings about this.

[johnaries]

I mean, it's pretty obvious that "dude is nuts!". BUT, who makes the determination that "dude is nuts"?

Which is why we have the whole "jury of peers" situation set up in the Constitution.

HOWEVER, as a member of the military he "took an oath".

HOWEVER, it is established that "just following orders" is not an excuse for performing heinous crimes.

This could be a very interesting case. Comparable to "I can't define it , but I know it when I see it". Which - let's face it - is not a decision but a "cop-out". Seriously, if you can't define it but have to rely on a "gut-check", maybe your gut is extremely wrong and you shouldn't be making such decisions in the first place!

I can't describe Bad Judgments, but I know bad SCOTUS Justices when I see them. Wait! Actually, I can!

Why is it that Conservatives complain so much about "activist Judges making laws from the bench" and yet it is Conservative Judges that keep doing that? I keep seeing Conservative Judges who claim that they support a "literal interpretation" of the Constitution who keep "interpreting" the Constitution whenever it suits them. Honestly, we need a process to impeach SCOTUS judges.

:rant: