If the scale of justice ever balanced, there would be no justice. Right? One side has to be heavier than the other side for there to be justice. Or, here is a thought. Can justice sometimes be arrived at by no decisions? Hmm, food for thought. GF, feel free to wade in.
Cedar: The problem is that the scales are not balanced, meaning one side has more clout. Balanced scales mean each side has equal standing/weight before a court. A nice thought, but rarely, if ever, true. Check out Idaho Supreme Court Justice Eismann's February 14, 2014 dissenting opinion in Nield v. Pocatello Health Services (you can link to it at OpenCda or go to the Idaho Supreme Court's civil decision page)--a brief quote will suffice-- "Courts decide cases in one of two ways: (a) they apply the law to the facts and thereby arrive at the result or (b)they determine the desired result and then twist the law and/or the facts to justify it."
GF: I read it with total horror, but not surprise. The judicial system has become just another political pig pen, and decisions, including the US Supreme Court, are, in fact, based on which way the political wind is blowing instead of what the law or the Constitution actually reads.
Here it is, the Grand Theater. It once graced the corner across from Morrow's, which is now, of course, the Brooks Hotel. When I was...
2 comments:
Cedar: The problem is that the scales are not balanced, meaning one side has more clout. Balanced scales mean each side has equal standing/weight before a court. A nice thought, but rarely, if ever, true. Check out Idaho Supreme Court Justice Eismann's February 14, 2014 dissenting opinion in Nield v. Pocatello Health Services (you can link to it at OpenCda or go to the Idaho Supreme Court's civil decision page)--a brief quote will suffice--
"Courts decide cases in one of two ways: (a) they apply the law to the facts and thereby arrive at the result or (b)they determine the desired result and then twist the law and/or the facts to justify it."
GF: I read it with total horror, but not surprise. The judicial system has become just another political pig pen, and decisions, including the US Supreme Court, are, in fact, based on which way the political wind is blowing instead of what the law or the Constitution actually reads.
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