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John R. Carroll[_2_] John R. Carroll[_2_] is offline
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Default Will of the People 1 win, 1 loss


"Wes" wrote in message
...
"John R. Carroll" wrote:

The other element in a Justice is Judicial temperment.

Is that a code word like economic justice?


No, it's actually one of the qualifying factors the Senate considers.
It's supposed to prevent things like the ruling allowing a municipality
from
excercising immenent domain in order to award ownership to someone who
promises more tax revenue.


Excuse me. That didn't work so well. The conservative side of the court
did fine but
lost.

http://en.wikipedia.org/wiki/Kelo_v._City_of_New_London



OK, I'll excuse you Wes, but the case makes my point perfectly. The majority
decision was the reverse of what people "feel" as far as I'm concerned but
the law was clear and the decision came down with the Court in accordance
with the law rather than anyones feeling about right or wrong. One of the
Justices involved in that decision had one of his own properties
tangentially involved and ended up voting the law against his own best
interests. Rather than "make new law", the courts applied what was on the
books and left it to the states to change the law - which is what ended up
happening.

Thomas' seperate writing was an embarrasment and it made me wonder if he'd
ever been to law school.
You asked about "Judicial temperment" and "code word"s, not liberal or
conservative decisions.

JC