Say Anything Blog

Looks to me that along with 75% of Americans, even our gop appointed judges are laughing in the face of nutters.

“If a conservative is still a republican after the last 13 years, he is blind to the fact that his party of choice has failed him utterly.” – Realitybasedbob

proving once again just how little control our legislative and executive branches actually have over the judicial branch.

I dunno Rob. I dislike judicial activism as much as you do, but that statement sounds like you want the 3rd branch to be subservient to one of the other 2, or both. My understanding of the judicial branch is that it was intended to be a slightly more than equal member of the 3 branch system in order to keep some degree of sanity amongst the other 2. Maybe I misunderstood your point?

"we should select our leaders on principle first, electability second.”

A young man whose wisdom far exceeds his years

I would like to add that this “affront to the American ideals of free speech” was enabled by the McCain-Feingold Campaign Reform Act—promogulated by… McCain.

“Behind Communism, Fascism, behind all occupations and invasions lurks a more basic, pervasive evil… a parade of people marching by with raised fists and shouting identical syllables in unision.” - Milan Kundera

Maybe I misunderstood your point?

Well, we’re often told that a check on judicial power is the fact that judges are nominated and approved by the two other branches of our government.  Yet clearly, given how many judges diverge from the judicial philosophy of those that appoint them, this isn’t much of a check at all.

I’m all for an independent judiciary, but not a dominant one.  Right now, the judges are pretty much writing our laws for us.

I would like to add that this “affront to the American ideals of free speech” was enabled by the McCain-Feingold Campaign Reform Act—promogulated by… McCain.

And voted for by Thompson.  Which he’s apologized for, but even as an ardent Thompson supporter I’ll admit that it’s one of the things that has always bugged me about him.

When the people fear their government, there is tyranny; when the government fears the people, there is liberty.

-- Thomas Jefferson

Rob’s recently listened-to songs:

If the Anti-Hillary flic is ‘advertising’, then Michael Moore [Farenheit 911, Sicko] is the biggest Madison Avenue ad-man of them all! Do we detect a double standard here?  Its ok to mock the President, but not a candidate?

"Here lies, in honored glory, an American soldier, known but to God.”

The stakes are high. Whether the issue is the economy, or energy, or the federal courts or national security, the right answers are coming not from the Democrats, but from the Republicans. The surge of operations that began a year ago is succeeding. The only way to lose this fight is to quit. Richard M. Cheney, Vice President, 30 May, 2008

this isn’t much of a check at all.

I agree with that statement, however, when a judge misinterprets the intent of the law shouldn’t the legislative and/or executive branch take steps to clarify intent?… I know, in our lifetime we’ve had more possibilities of seeing pigs with wings…

"we should select our leaders on principle first, electability second.”

A young man whose wisdom far exceeds his years

Judges shouldn’t have this kind of power. This is a perversion of the office.

Personally, I’m going to advertise for whomever I want and no judge is going to tell me otherwise. If he thinks that he can tell me what political speech that I can and cannot say, then he is barking up the wrong tree. Judges don’t have that kind of power. This is America.

Put any partisanship aside. This is a fundamental attack on free speech. There should be no disagreements.

Judges don’t have that kind of power. This is America.

Read the Constitution lately?

The legislative check on the judicial branch is not the appointment of judges—that’s the executive check. The legislative check is Congress’ ability to pass a more specific, less easily interpreted law.

Justice Scalia is famous for avoiding legislative intent in order to coax the legislature to take more responsibility for their law making and not pass vague, easily “misinterpreted” laws.

So no. You shouldn’t fault the Judge for this ruling, fault the legislature for passing a law so open to interpretation.

“Behind Communism, Fascism, behind all occupations and invasions lurks a more basic, pervasive evil… a parade of people marching by with raised fists and shouting identical syllables in unision.” - Milan Kundera

The legislative check on the judicial branch is not the appointment of judges—that’s the executive check. The legislative check is Congress’ ability to pass a more specific, less easily interpreted law.

You’re half right.  Remember that the executive’s ability to appoint judges hinges on Congress’ approval of them.

It’s a joint effort, and one that’s not much of a check at all which was the point I originally made.

I agree with that statement, however, when a judge misinterprets the intent of the law shouldn’t the legislative and/or executive branch take steps to clarify intent?

Yes, they should.

As an interesting side note, if this anti-Hillary flick is advertising then wouldn’t the same reasoning apply to all those anti-conservative and anti-Republican jabs in movies and television?

Not that this should apply at all, but still…

When the people fear their government, there is tyranny; when the government fears the people, there is liberty.

-- Thomas Jefferson

Rob’s recently listened-to songs:

You’re right. The same reasoning would control. I’m curious as to how the plaintiffs in this case got standing to sue the film distributors. They would have to be related to Hillary, no?

“Behind Communism, Fascism, behind all occupations and invasions lurks a more basic, pervasive evil… a parade of people marching by with raised fists and shouting identical syllables in unision.” - Milan Kundera

Nevermind, the justice dept. brought suit. You’re right, odd that they would do this here but not in 2004.

“Behind Communism, Fascism, behind all occupations and invasions lurks a more basic, pervasive evil… a parade of people marching by with raised fists and shouting identical syllables in unision.” - Milan Kundera

Hairy Polemic - So no. You shouldn’t fault the Judge for this ruling, fault the legislature for passing a law so open to interpretation.

That’s a sound point.