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Pastimes : The Boxing Ring Revived
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To: Neocon who wrote (4161)1/25/2003 12:44:38 AM
From: The Philosopher  Read Replies (2) of 7720
 
Trust me. There is ALWAYS room for legislating from the bench.

I had one notorious case where I was 100% right on the law and the judge was 100% wrong and we both knew it and through three motions for reconsideration he kept finding new excuses for not granting my client (who admittedly was a jerk, but even a jerk should have the benefit of the law) the relief she was entitled to.

We both knew that if she appealed he would be overruled without even oral argument.

But we both also knew my client, who had no money at all and whose case I was handling pro bono, couldn't possibly afford to appeal.

Plus, in many cases the legislatures deliberately leave the statutes vague and incomplete because they can't muster the necessary votes for clear ones, so they pass the best they can and leave it up to the courts to interpret. I strongly suspect that this would be the case in any abortion statutes. Satisfy the rabid pack, but leave it up to the judges to figure out what the stuff really means. I've seen that on numerous occasions.
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