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Politics : President Barack Obama -- Ignore unavailable to you. Want to Upgrade?


To: nigel bates who wrote (37957)10/14/2008 11:43:37 AM
From: koan  Read Replies (1) | Respond to of 149317
 
>>One dirty little secret few discuss is how the judicial decisions are swayed by ones politics.<<


I think you can take that idea a step further e.g. conservatives and liberals often see a different reality and have different mores, values and ideas on what is best for both the individual and society.

So instead of the law being soley a matter of objective logic based on the constitution and case law, in reality, the law to a large degree is very existential in nature i.e. judges make decisions based on very fundamental differences of personal opinion. Look at how many 5/4 decisions the supreme court hands down on important legal matters pertaining to emotional issues like Roe versus Wade.

There is really no objective way to make a decision on Roe versus Wade. There is no correct answer. It is a subjective dilemma and only existential decisions can solve dilemma's.

If you applied statistics to court decisions based on the party the judge belonged to, I believe, you would find their political views drive their decisions to a statistically significant degree.