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The Range
Law & Order
SCOTUS Nominee Judge Gorsuch Just SCHOOLED Feinstein on 2nd Amendment
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<blockquote data-quote="Dave70968" data-source="post: 2972171" data-attributes="member: 13624"><p>Not only did he not fall for it, he correctly articulated that our legal system is based on precedent, and that the courts are bound by that precedent, not what the judges--or other politicians--wish were the case. He has said similar before: "judges should instead strive to apply the law as they find it, focusing backwards, not forwards" (<a href="http://www.npr.org/2017/02/06/513331261/judge-gorsuch-s-originalism-philosophy-contrasts-with-mentors-pragmatism" target="_blank">http://www.npr.org/2017/02/06/513331261/judge-gorsuch-s-originalism-philosophy-contrasts-with-mentors-pragmatism</a>) and </p><p></p><p></p><p>These principles are important beyond my ability to put into words. Judges (and Justices) should rule upon legal principles, not desirable outcomes; getting to an outcome is a function of the political process, not judicial. The Supreme Court has held in many cases that a question is "<a href="https://www.law.cornell.edu/wex/justiciability" target="_blank">nonjusticiable</a>" on the grounds that it is a "<a href="https://www.law.cornell.edu/wex/political_question_doctrine" target="_blank">political question</a>:" one "which deal directly with issues that Constitution makes the sole responsibility of the other branches of government." <em><a href="http://www.law.cornell.edu/supct/html/historics/USSC_CR_0369_0186_ZS.html" target="_blank">Baker v. Carr</a></em>, 369 U.S. 186 (1962).</p><p></p><p>His stock just went up a couple more points in my book, not because he gave the "right answer" on guns, but because he got there by the right process.</p></blockquote><p></p>
[QUOTE="Dave70968, post: 2972171, member: 13624"] Not only did he not fall for it, he correctly articulated that our legal system is based on precedent, and that the courts are bound by that precedent, not what the judges--or other politicians--wish were the case. He has said similar before: "judges should instead strive to apply the law as they find it, focusing backwards, not forwards" ([URL]http://www.npr.org/2017/02/06/513331261/judge-gorsuch-s-originalism-philosophy-contrasts-with-mentors-pragmatism[/URL]) and These principles are important beyond my ability to put into words. Judges (and Justices) should rule upon legal principles, not desirable outcomes; getting to an outcome is a function of the political process, not judicial. The Supreme Court has held in many cases that a question is "[URL='https://www.law.cornell.edu/wex/justiciability']nonjusticiable[/URL]" on the grounds that it is a "[URL='https://www.law.cornell.edu/wex/political_question_doctrine']political question[/URL]:" one "which deal directly with issues that Constitution makes the sole responsibility of the other branches of government." [I][URL='http://www.law.cornell.edu/supct/html/historics/USSC_CR_0369_0186_ZS.html']Baker v. Carr[/URL][/I], 369 U.S. 186 (1962). His stock just went up a couple more points in my book, not because he gave the "right answer" on guns, but because he got there by the right process. [/QUOTE]
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