Legislating from the bench?

[Yurt]

My bad. It does.

The judicial power shall extend to all cases, in law and equity

equity alone is not common law....nor is it the power to make "law" it is the power to adjudicate equity

 

[Yurt]

so far as i know, neither yurt nor i is advocating throwing out common law, kilgore.

are you?

Ah, I see. He just asks for proof that things he supports are constitutional. That makes quite a bit of sense.

Do you think common law is Constitutional Del?

yes. do you?

edit-yurt's question was not a request for proof of anything-are you a big ray bolger fan, too?

you get it

 

[Nik]

My bad. It does.

The judicial power shall extend to all cases, in law and equity

equity alone is not common law....nor is it the power to make "law" it is the power to adjudicate equity

Adjudicating equity creates precedent, which then becomes "law".

 

[Diuretic]

I have to admit I'd boot the common law if I had the chance. Not going to happen of course, it's too entrenched and vested interests benefit from it.

And "equity" is all about fairness, isn't it?

 

[sealybobo]

Legislating from the bench

I've heard that term used by both ends of the political spectrum, mostly as a negative but sometimes defending the practice. What I don't understand is where the line is? How is ANY court decision that interprets legislation for the purposes of practical application, not itself a part of the legislative process?

Is it possible that this whole term is nothing more than a propaganda peddling talking point?

Now we see the SCOTUS is legislating from the bench. Not both sides. The right is doing it.

 

[sealybobo]

Legislating from the bench

I've heard that term used by both ends of the political spectrum, mostly as a negative but sometimes defending the practice. What I don't understand is where the line is? How is ANY court decision that interprets legislation for the purposes of practical application, not itself a part of the legislative process?

Is it possible that this whole term is nothing more than a propaganda peddling talking point?

Remember back in the 2000's you guys complained about liberal judges legislating from the bench? So you were hell bent on appointing conservative judges who would "just follow the constitution"?

Well today you have a conservative supreme court who supposedly, according to you back in 2009, would just do what's right. If that's the case, why are 60% of the citizens in this country so unhappy with the right leaning Supreme Court?

Approval of U.S. Supreme Court Down to 40%, a New Low

Forty percent of Americans approve of the job the U.S. Supreme Court is doing, down nine points since July and a new low approval rating in Gallup's trend.

news.gallup.com

Approval of U.S. Supreme Court Down to 40%, a New Low​

Proof the Supreme Court and Republicans are serving the radical far right fringe of their party.

In 2017, Gallup released polling information showing that 36% of Republicans identified as "pro-choice" and 70% agreed that abortion should be legal in some (56%) or all (14%) circumstances.

 

[sealybobo]

Legislating from the bench

I've heard that term used by both ends of the political spectrum, mostly as a negative but sometimes defending the practice. What I don't understand is where the line is? How is ANY court decision that interprets legislation for the purposes of practical application, not itself a part of the legislative process?

Is it possible that this whole term is nothing more than a propaganda peddling talking point?

More legislating from the bench

Supreme Court Sharply Limits Regulation Of Carbon Emissions​

What a bunch of political hacks.

 

[sealybobo]

The Thursday decision, written by Chief Justice John Roberts and joined by the other five conservative justices, preemptively strikes down any regulations the Biden administration might consider issuing under a provision of the Clean Air Act to limit carbon emissions at power plants.

Corporate shills!!!!

 

[sealybobo]

In Just 10 Days, The Supreme Court Has Unleashed A Revolution

The conservative majority seems out of step with the public's values, in a way we haven’t seen in decades.

www.huffpost.com

The court has been very busy the last 10 days.