[quote]pushharder wrote:
[quote]DBCooper wrote:
[quote]pushharder wrote:
[quote]DBCooper wrote:
[quote]pushharder wrote:
[quote]DBCooper wrote:
…Also, the 9th Circuit Court hears by far the most amount of cases per year, which at least partially explains why they have so many cases end up in front of the Supreme Court.[/quote]
C’mon man…[/quote]
I’m not denying that it isn’t a liberal court. But that liberality isn’t the inherent, singular cause of their high reversal rate at the U.S. Supreme Court level, that’s all.[/quote]
I beg to differ.
I would argue that it is precisely because it is so liberal, aka a legislate from the bench court, that it consistently gets its verdicts overturned.
Being a busy court is not a valid excuse for being a court that is so, so, so consistently wrong.
On another note, there is talk of breaking the 9th up by adding another court. That would be fine with me as Montana falls under the 9th’s jurisdiction along with other generally and relatively conservative states, i.e, AK, ID, NV, and AZ.
I say let CA, OR, WA and HI keep their ridiculously charlatan 9th Court and give these other western states their own new one.
FWIW.[/quote]
Conservatives legislate from the bench as well. We’ve seen it in Bush v. Gore and we see it in most gun rights cases. Judicial liberalism simply implies that the court is trying to protect or expand individual rights, whereas judicial conservatism refers more to those who would let the states determine the extent of rights, rather than define for themselves what that extent goes to. I think in gun cases we see the conservative judges take an “activist” stance and we DEFINITELY saw the conservative judges do that in Bush v. Gore by citing the most liberal court (Warren) as the basis of their rationale, thereby taking a liberal stance toward the 14th Amendment.[/quote]
I won’t comment on Bush v Gore simply because I never looked at it in depth.
But by definition conservatives don’t legislate from the bench, generally speaking, because a conservative would conserve the (original intent of the) Constitution.
And if you want to go down the gun rights road just let me know. I will slaughter your argument with ease. With one arm tied behind my back. Come at me, bro, I have an itchy trigger finger on that subject.
You’d better be thoroughly Jeopardy-ed up, my friend, and even then I will toss you so far out of the ring that the folks in the first 10 rows will barely see the flash of your white behind as you go sailing over.[/quote]
What are you going to tell me about gun rights that I don’t already know? I’m a member of the NRA. I don’t think you’ll be able to whip me at it if we agree, and you certainly won’t be able to if you’re unaware of gun rights cases and their similarities to Bush v. Gore in terms of the liberal/conservative spectrum in the USSC.
Conservatives largely protect an expanded take on gun rights by fighting to reject limits placed on ownership, in much the same way that liberal justices, and some conservatives, have rejected limits on free speech, abortion rights, minority rights, voting rights (except in Bush v. Gore) and so on.