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Politics : View from the Center and Left -- Ignore unavailable to you. Want to Upgrade?


To: Dale Baker who wrote (21230)6/16/2006 11:11:40 AM
From: JohnM  Read Replies (2) | Respond to of 541490
 
If the knock law was created by judicial precedent and interpretation, why can't a subsequent Supreme Court decide that the law does not need to be enforced as rigorously as in the past.

I don't know that I've ever seen a case in which a Supreme Court decision said something like this. We approve the law, just won't let it be enforced.

Legislatures generally change the enforcement provisions of laws; I don't recall that judges can do that, save where judicidal discretion is written into the law. One of the big gripes with conservative congresses has been their willingness to take away judicial discretion.

Interesting to see the shoe on the other foot.

As for the political implications, it's hard to tell at the moment. It's one more reason libertarian places like Cato are having a hard time with the present regime. So it definitely cuts that way.

As for middle America, I doubt this decision is on their radar.