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Re: Too Soon to Bash John G. Roberts (none / 0) (#7)
by Peter G on Sat Dec 17, 2005 at 01:01:24 PM EST
Ernesto - re-read what TL is saying. A good judge -- whether "liberal" or "conservative" or otherwise -- does not vote according to what he or she might think was the best way for people to behave or the best policy for the society to choose. A judge has to rule on what the law does or does not require or prohibit. Take the 12 year old eating on the subway platform for example. The entire first paragraph of the opinion by Judge Roberts is about what a bad policy the DC police had (and which they changed after the bad publicity they got over that arrest). The rest is about why the arrest wasn't unconstitutional. If you can explain why the opinion was legally wrong, ok. If not, then it doesn't matter whether you think kids who eat on the subway when it's prohibited shouldn't be arrested for it; if the arrest wasn't illegal, then mom can't sue the police over it.

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