Groklaw - Digging for Truth

	When you want to know more...

Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines

ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books

Gear

Groklaw Gear

You won't find me on Facebook

Donate

No Legal Advice

The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

Here's Groklaw's comments policy.

What's New

STORIES
No new stories

COMMENTS last 48 hrs
No new comments

Sponsors

Hosting:

On servers donated to ibiblio by AMD.

Webmaster

News flash | 173 comments | Create New Account

Comments belong to whoever posts them. Please notify us of inappropriate comments.

my translation

Authored by: Anonymous on Tuesday, September 18 2012 @ 10:59 AM EDT

The way I read this, Posner wants the way paved for activist judges that are not
bound by the written law. I could not disagree more; if the law is written to
permit/forbid something, then changing that law is Congress' job, and it is not
to be left to a judge's discretion.

That is for a clearly worded law. When a law is not clearly worded, then there
is room for a judge's personal views to affect a ruling. Again, though, if the
law needs clarification, then this is Congress' issue to solve. Congress seems
to be all to eager to blame the courts rather than to take a chance of ticking
off part of their base with a law change, but that is what the legislative
branch exists to handle; legislation.

[ Reply to This | Parent | # ]

Did you read it in a mirror? - Authored by: Balance on Tuesday, September 18 2012 @ 11:42 AM EDT
- "... a computer could do the Supreme Court's job much more efficiently." - Authored by: Anonymous on Tuesday, September 18 2012 @ 12:16 PM EDT
  - whole new meaning to blue-screen-of-death (n/t) - Authored by: Anonymous on Tuesday, September 18 2012 @ 01:17 PM EDT
  - I should patent that (N/T) - Authored by: Anonymous on Tuesday, September 18 2012 @ 02:26 PM EDT

News flash

Authored by: Anonymous on Tuesday, September 18 2012 @ 07:46 PM EDT

HuffPo doesn't like Scalia! Film at 11.

MSS2

[ Reply to This | Parent | # ]

Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )