Author Topic: Prop. 8 Judge: 'What Judges Do and Must Do Is ... Move the Strike Zone'  (Read 768 times)

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Online Pandora

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Judge Vaughn Walker, the now-retired federal judge in San Francisco who nullified California’s Proposition 8 in 2010, said if judges really are umpires, they must sometimes “move the strike zone” in order to champion social issues like same-sex marriage.

Quote
... Walker, flouting Justice Antonin Scalia and other strict constructionists, said that “judges not only make law, but cannot avoid doing so.”

... In his article, Walker said federal judges must “reflect the common understanding of the day” and that “clear and fixed legal rules” do not exist.

Y'all thinking what I'm thinking?
"Under certain circumstances, profanity provides a relief denied even to prayer." - Mark Twain

"Let us assume for the moment everything you say about me is true. That just makes your problem bigger, doesn't it?"

Offline ChrstnHsbndFthr

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Re: Prop. 8 Judge: 'What Judges Do and Must Do Is ... Move the Strike Zone'
« Reply #1 on: September 18, 2012, 11:02:15 AM »
I sure hope not. Because I would like to think you are too good and decent a person to think the thoughts I had upon reading that.
“My mission today is to go forth and tell people about why I follow Christ and also what the Bible teaches, and part of that teaching is that women and men are meant to be together.

“However, I would never treat anyone with disrespect just because they are different from me. We are all created by the Almighty and like Him, I love all of humanity. We would all be better off if we loved God and loved each other.”
Phil Robertson an elder in the church of Christ

Offline Libertas

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Re: Prop. 8 Judge: 'What Judges Do and Must Do Is ... Move the Strike Zone'
« Reply #2 on: September 18, 2012, 11:24:48 AM »
If you thought "Awesome, clear fixed legal rules don't exist, so I guess I can kill this Constitution loathing POS for the greater good!", then yes, I am thinking what you're thinking.

 ::guillotine::
We are now where The Founders were when they faced despotism.

Offline IronDioPriest

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"A strict observance of the written laws is doubtless one of the high duties of a good citizen, but it is not the highest. The laws of necessity, of self-preservation, of saving our country when in danger, are of higher obligation. To lose our country by a scrupulous adherence to written law, would be to lose the law itself, with life, liberty, property and all those who are enjoying them with us; thus absurdly sacrificing the end to the means."

- Thomas Jefferson

Offline John Florida

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Re: Prop. 8 Judge: 'What Judges Do and Must Do Is ... Move the Strike Zone'
« Reply #4 on: September 19, 2012, 12:47:14 PM »
 I guess he was more flexable in his last term too.
All men are created equal"
 Filippo Mazzie