The courts need less empathy, less emotion, and less
Posted on: April 6, 2017 at 13:57:06 CT
hokie VT
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experience to operate than any part of government. They should be cold, unemotional, and offer only strict adherence to the constitution. Spineless lawmakers want to the courts to rule on poorly written laws and interpret them in such a way as to validate a certain politician's wishes.
A great example that I have posted about before, is the bakke decision. This decision permitted a minority with inferior grades to be accepted to medical school ahead of white people with better grades. Mr. Bakke filed suit.
His suit was denied in the lower courts because even though the Constitution and laws prohibit discrimination based on race, the medical school was allowed to do precisely that, because they thought it was a remedy to past discrimination.
That is an absurdity on its face. If Congress wants to legalize certain forms of discrimination, they should pass laws accordingly. The Supreme Court is not the place to rewrite laws or write new ones.
Experience shouldn't matter one whit.
The constitution says what it says. And a wise Latina with a history of being discriminated against, or oppressed as all women and all Hispanics are, offers nothing special in interpreting laws.
If the idiot Diane Feinstein Wants to protect the little guy, she should write laws that protect the little guy. She wants the courts to do what she is too lazy to do.