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when courts interpret legislation, isnt that setting policy?????

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LSK Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-26-09 06:04 PM
Original message
when courts interpret legislation, isnt that setting policy?????
:shrug:
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msongs Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-26-09 06:05 PM
Response to Original message
1. as activist court upholds prop 8? nt
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LSK Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-26-09 06:10 PM
Response to Reply #1
2. was refering to Sotomayor
She was quoted as saying the Appeals courts set policy. The right is using that against her.

Today's Prop 8 ruling, while being a horrible ruling, did prove her point. It set the policy.
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Eric J in MN Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-26-09 06:11 PM
Response to Original message
3. Yes. Federal statutes are usually vague.
Edited on Tue May-26-09 06:12 PM by Eric J in MN
Containing phrases like "reasonable" which need to be applied to the specific facts of the case before the court.

When the court does so, that is the policy unless another court overrules, or the legislature clarifies.
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elleng Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-26-09 06:22 PM
Response to Reply #3
6. Good synopsis.
Copy and paste, early and often!!!!
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O is 44 Donating Member (740 posts) Send PM | Profile | Ignore Tue May-26-09 06:12 PM
Response to Original message
4. Bush v. Gore...
was an activist ruling, I would refute this GOP talking point with this fact.
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bigwillq Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-26-09 06:22 PM
Response to Reply #4
5. Hello.
Welcome to DU! :hi:
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jillan Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-26-09 06:24 PM
Response to Reply #4
7. Bingo! Excellent talking point!
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