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


To: Dale Baker who wrote (21241)6/16/2006 12:46:27 PM
From: JohnM  Respond to of 541504
 
Hard to make that big a case on a "knock" rule, when your appointee said it was good law, just wasn't going to enforce it. My guess is the Rep PR folk will take a walk on this one. A thicket to thick to navigate.

As for specific constitutional provisions or legislative acts on the "knock" rule, I don't know and not interested enough to research. I know, basically, what I've read yesterday and today. The Supreme Court voted approval for "knock" laws without a dissent. This decision did not address that law; just the terms of enforcement. Which, I repeat, seems a step beyond the limits for the SC.

I still assume enforcement issues are legislative ones save on those occasions when the legislature has given specific discretion to judges. I'm not particularly enamored of that rule, by the way. Just noting the irony of conservative legislators reducing that discretion; and a very conservative SC jurist just blowing the argument out of the water.