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Re: Delusion is the new status symbol 9 Comments More | Login | Reply /

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  • By this argument, a classic example of the courts "pushing the people around" would be Brown v. Board of Education. The ruling that overthrew the Plessy v. Ferguson "separate but equal" doctrine was wildly unpopular, proved a catalyst for a lot of violence, but eventually led to a greater inclusion of non-white people in society. Are you suggesting the ruling was a bad thing or that the courts should not be involved?

    You've chosen deliberately loaded words such as "People got tired of the courts pushing

    • It's a problem when the courts are wrong. You say Brown v. Board of Education, I say Dred Scott v. Sanford.

    • Are you suggesting the ruling was a bad thing or that the courts should not be involved?

      I think you're misunderstanding me. The third example I gave is one where I wholeheartedly agree with the ruling of the court, even though it overturned the expressed will of the people and was wildly unpopular.

      I was not making an argument that courts should not get involved. I was saying it seems silly to attack people for reacting to it when they do.

      Last night I went to a "town hall" meeting with the chairman of
  • I could also note that in all of these cases, it's the use of the courts that causes most of the problem: the courts tell us we have to have gay marriage, or can't have creationism, or can't have a blanket primary.

    The courts only make such rulings because the people who bring such cases to court are pushing back themselves: against being told they can't marry if they are gay, or that their children must be taught creationism even if they regard creationism as mythological claptrap, or, presumably somethin

    • The courts only make such rulings because the people who bring such cases to court are pushing back themselves: against being told they can't marry if they are gay, or that their children must be taught creationism even if they regard creationism as mythological claptrap, or, presumably something to do with the blanket primary.

      Sure. The courts is where grievances are aired, and the courts attempt to resolve them one way or another. That's a given.

      Courts never create situations. They don't decide on th
      • If supreme court refuses to hear a case it is simply stating that the lower court has already heard the case adequately, that a court has already accepted and fulfilled the responsibility of ruling upon the case. There is no inherent right to keep having additional courts hear the same case. (You can have your day in court, but the supreme court gets to decide whether you can have *another* day in court.) I was referring to the court system in general, not to specific courts in particular.
        • I was referring to the court system in general

          The Supreme Court has some limited original jurisdiction, explicitly noted in the Constitution. Most cases it hears on appeal, but not all. And the court can refuse to hear those cases, if it chooses.

          Regardless, most any court can refuse to hear a case if it thinks it lacks merit. Filing a lawsuit does not grant you the right to have your case heard.
          • OK, I'll let you partly off the hook there. The counter argument, only partly a quibble, is that a court can't claim a case lacks merit until it has heard enough details to make that decision; that in itself can be called "hearing" the case. If a court declares a case to be without merit, and an appeal to a higher court decided that the case really did have merit, the judge of the lower court would be seriously embarassed professionally (and the higher court would send the case back to the lower court to
            • a court can't claim a case lacks merit until it has heard enough details to make that decision

              That is usually what happens, but it is not entirely true. Sometimes the court will throw it out if an appelant has a history of abuse of the system, without so much as a hearing. Of course, that's rare.

              that in itself can be called "hearing" the case

              A pretrial hearing, yes. But such a hearing is usually distinct from "hearing" the case.

              Anyway, this is way off the topic from the original post. :-)
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