dcraelin
VIP Member
- Sep 4, 2013
- 2,553
- 136
- 85
And I'm saying, so what if that's what you're saying? Who gives a shit if you agree or disagree with the merits of a 100 year old case?Sigh, I didnt think you'd be able to. Rehashed verbal sophistry.
I'm not "demanding" the the courts abandon precedent. This is a message board, a forum for debate. Im saying their so-called "precedent" is total bullshit.
Your personal opinion about 100 year old precedent is irrelevant to the outcome of any case (including this one), as the courts will not abandon stare decisis just because you don't like it. As I said, once a case has been used as precedent, its use as precedent becomes the basis of its application in future cases. Not the merits of the case itself.
Your attacking the merits of a 100 year old case is irrelevant as the merits of the case aren't the basis of its use in current cases....its its use as precedent that forms that basis.
Federal courts don't 'correct precedent' because they create no binding precedent. Their rulings apply only to the cases they are hearing. Only the USSC creates binding precedent. And they have in an 8 to 1 ruling. You disagree with it.Sure, it would be nice for them to try and correct bad precedent as USSCs have done in the past, Or perhaps they could consider it in weighing a solution,.. whatever.
So what? What possible relevance does your agreement or disagreement with a century old case have with any outcome of any case being argued today?
Absolutely nothing.
Sotomayor never even mentions 'ex Parte Young'. The case she's referring to is from 1987. She doesn't 'agree with you' on this point, as she doesn't even mention the point you've raised.I brought up 'ex parte young' also to show hypocrisy of their "reasoning" on standing. Recent "reasoning" that it would be very wise of them to overrule. Sotomayor agrees with me, and so should anyone not wholly absorbed in one issue and one issue alone. People need to step back and see the dangers these cases will cause in other areas and get past a narrow-minded "win" on one issue.
And worse, your logic is skewed. As you're using the existence of a dissenting opinion as proof that the majority opinion is invalid. Um, that's not how it works. Using your logic, only unanimous opinions could hope to be valid. And that's never been the threshold of legal validity in our system of law. The majority is.
So not only are you rejecting the very concept of stare decisis you're rejecting the legitimacy of majority rulings. Both of which are little more than rhetorical masturbation, as they have no outcome on actual cases for the simple reason that no court will ignore either principle just because you do.
I'm speaking of actual precedent, actual court cases, actual judicial authority and actual outcomes. Not your 'its only legitimate if I agree with it' nonsense that has zero relevance to the outcome of any court case. As no judge is going to base their ruling on your agreement. Or ignore century old precedent because you disagree.
These are private parties harmed by the law. Of course they'll have standing. The 'friends of Prop 8' have no standing as they have no harm, nor role in the enforcement of those laws. The State of California has a role in enforcement, and thus standing. And like any litigant, can choose what action to take on litigation they are a party to. In this case, the State of California choose to take no action.further, IF a federal court allows private parties to oppose a state law in federal court under the dubious process of ex-parte young, then surely 7million voters should also be allowed standing.
This choice doesn't suddenly pass enforcement authority to individual citizens. They still play no role in enforcement. Leaving actual harm by the law the only remaining basis of standing.
This will be the last time I respond to you unless you can actually come up with an argument. What you reply with is 'STFU you dont agree with the courts, masturbation, masturbation. Which is an inane, strangely prudish, arrogance but not really an argument.
You are too wrapped up in winning on one issue you fail to see the larger picture.
You yourself "give a shit" enough about the "100 year old case" to comment. The case shows why more and more people view the federal courts with contempt. Sotomayor agrees with me that standing in the prop 8 case was decided wrongly.
"As you're using the existence of a dissenting opinion as proof that the majority opinion is invalid."-----IM not using it as proof merely supporting evidence. .......Suddenly your concerned about a majority?----Prop 8 had a majority of 7million votes.....but Americans votes dont count. Dissenting opinions are almost always better, which says something about the federal courts.
Stare Decisis has its place, but is usually abused. Let time honored ideas and definitions of marriage stand..........that would be a good and proper use of stare decisis.
-"These are private parties harmed by the law. Of course they'll have standing."....."of course"?....no not of course...that's not how it works. These people were hand sought out...they did not of their own accord sue. This was a manufactured case from the beginning as was Windsor.....Marshall said, in justifying judicial review, that cases should all be taken and cases should be real,.. not made up 'test' cases. The court nowadays turns down real cases and takes up these fraudulent made up cases.
Destroying the American system of rule by WE the People, the Republican system guaranteed by the Constitution, violated the legal rights, i.e. harmed, every one of the citizens of California, indeed of every citizen of every state.... That gives them standing.