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Politics : View from the Center and Left
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To: JohnM who wrote (178785)1/7/2012 4:33:48 PM
From: Bread Upon The Water  Read Replies (2) of 541701
 
You've misconstrued my argument, or perhaps I wasn't clear enough; it's probably a little of both.

Let us separate the Supremes from this particular case. Bias is a pejorative word to use in a judicial context as it implies favoritism which is a no no. I should have used the term "judicial philosophy" which is supposed to be a coherent approach based on a line of past cases and interpretations toward interpreting the present. There is no one set philosophy or line of legal reasoning that a Supreme Ct judge is supposed to use although he/she has to tip their hat to those countervailing opinions or approaches if one differs from them in explaining the whys and wherefores of a decision..

This point of view frames and informs a judge's approach and rationale. This is what I meant by judicial "bias".

As opposed to the above, and in the context of the Obama's administration to act in a certain way that allegedly overrules a congressional prerogative, I contend, this is a political act that is going to be wrapped up in whatever legal arguments can make it look pretty, and, because of that, I think, will fail. So in this particular instance the administration, I contend, is just doing what it wants and will be trying to legally justify it after the fact.

Hopefully the above describes a qualitative difference in the two approaches.
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