Hi Sam - thx for the article. Yes, I think those who have followed the USSC are seeing a double take here. Ruling aside, I think some people are curiously uncomfortable b/c they see a reversal of "state right" bias. One could argue this bias too is a perception and rulings should be on a case by case basis. In a right, it is an arguable notion. However, then this argument will run afoul with those who argue that law should be predictable [hint! Hint <VBG>!] So, the pandora's box has indeed been opened.
Still, IMHO, it is important to maintain some sort of a reverence to the highest court of this land. I still think these 9 esteemed individuals probably shouldn't plan on entirement anytime soon <G>! Although, usually it is the way round, i.e., they try to outlive their physical bodies for the benefit of their beliefs, like the late Justice Marshall or Douglass.
Well, shocking or not, what's done done! I am fairly certain numerous postmortem counts will commence fairly soon. Still, right or wrong, I do agree President-elected Bush will be our 43rd President, so he should be judged by his merits. There is a Chinese saying, "why bother to ask the pedigree of a hero?"
best, Bosco |