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Old 09-20-2011, 04:55 AM
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ilbegone ilbegone is offline
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Quote:
Smith is a Bush appointee
Federal Judges are nominated by the president and confirmed by the senate, which suggests compromise.

I have read of where individual Judges often issue rulings contrary to political philosophy of the president who nominated him - democrat or republican.

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I took a step back and I am now laboring to understand why/how the Ninth Circuit Court protects the free speech of foreigners here illegally.
I don't understand why, but the 9th circuit court of appeals may well issue rulings as a body which may be very different than say, the first circuit court of appeals. I think the key is how individual judges interpret the Constitution. I believe the 9th circuit is generally very liberal.

Judges are supposed to be independent from either tyranny of the majority and other political pressure. For example, I'm quite sure that United States vs. Wong Kim Ark went against much public and political sentiment, but it was the last stop for the case and set much precedent.

It may be that Smith doesn't approve of or sympathize with illegal day laborers, but there may be something in the struck down ordinance which Judge Smith saw as a threat to the greater freedoms of Americans and could set precedence to curtail American freedoms. However, you would have to ask him.

Judicial rulings are supposed to be derived from interpretation of the constitution. "interpretation" could boil down to distilling precedence while personal life experience or personal beliefs may well influence decisions - hence Supreme Court Judge Sotomayor's statement that "as a woman and Latina"...

And some judges are just plain corrupt.
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Old 09-22-2011, 03:27 AM
wetibbe wetibbe is offline
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I mailed my letter to the Judge yesterday.
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Old 09-23-2011, 09:23 AM
Kathy63 Kathy63 is offline
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The ruling is directed against the religion of the homeowners. It cannot be otherwise.

There were public nuisance complaints that were real.

However, taken in another context. A homeowner that maintains a multifamily household with 30 people living there parking on the street gets no compliant, even when it's every day. A neighbor who complains will be told it's a public street.

Someone complaining about a drunken party with loud rap music at 7PM will be told the noise ordinance deals with noise after 10PM.

To imagine that this isn't selective is just foolish.
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Old 09-23-2011, 01:33 PM
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Ayatollahgondola Ayatollahgondola is offline
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Hard to argue against that Kathy
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