[Magdalen] Trump releases list of potential SCOTUS nominees.
Roger Stokes
roger.stokes65 at btinternet.com
Wed May 18 20:57:03 UTC 2016
On 18/05/2016 20:48, M J _Mike_ Logsdon wrote:
> Not that that's a big deal. It's of course expected. But it made me think of something that's clearly obvious, but I'd never really thought of it before.
>
> If Justice is supposed to be blind, why do conservative or liberal "leans" even matter? The justices' rulings are supposed to uphold Justice, not any particular ideology.
They must have a particular ideology in the relative weight they give to
the various competing arguments. Cases never get to SCOTUS unless there
is a credible argument (used in a technical sense) on each side.
Supreme Courts in any national jurisduction have to apply both statute
law (with which I include the constitution) and common law (which is
akin to common sense or how people tend to think) to the questions
before them. Ultimately it is a matter of judgement "Wgat is right and
fair in this situation bearing in mind the written law as we have it?"
Inevitably judges will vary in the relative weight they ascribe to the
different factors which is why the ratio, the reasoning they have
applied, is so important for subsequent cases.
Roger
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