Former Judge has Crap for Brains
Quote of the Day
One problem with the court’s approach is that it is formalist, pedantic—soulless.
It wrongly suggests that the court should give the words in a statute a form-over- substance significance that focuses on dictionaries, and historic word usage while ignoring the basic right at stake or the basic evil a law aims at ending.In the abortion case, an anti-abortion court could have turned the decision on weighing a life or potential life protected by the Constitution against the liberty of a woman to control her own body—another right protected by the Constitution.
Rather than methodically marching to the foregone conclusion that women had no rights historically, the court could have overturned Roe simply by restriking the balance of rights in favor of a life or potential life that might be lost in abortion.Rather than spending their time fixated on the interior life of a gun, the court in Cargill could have considered what the law was obviously aimed at limiting—guns that mindlessly spew multitudes of bullets and threaten public safety. Laws have values in them—life, liberty, public safety, etc., and when the court ignores them in favor of games with words, it undermines respect for the institution.
Thomas G. Moukawsher
Former Connecticut complex litigation judge and a former co-chair of the American Bar Association Committee on Employee Benefits. June 25, 2024
Bump-Stock Ruling Reveals a Supreme Court Obsessed With Word Play | Opinion (msn.com)
I dropped my jaw in amazement reading this.
He thinks judges should weigh the pros and cons and examine how they feel about the topic to decide the case?
Really?
That is the job of the legislators when making the laws. If he were to have it his way we would end up with bump stocks being legal or illegal depending upon which judge was assigned to our case. Abortion doctors and the women who employed their services would be sent to jail or on their way, again, depending on what judge they were assigned or perhaps even the mood of the judge that day.
Word mean things and the law depends on the precise meaning of the words used to create those law. If not, then the result will be injustice and chaos. You just won’t know what is an ordinary everyday activity and what a multiple year felony.
This guy is a former judge! Well, maybe this is the reason he is a former judge. He has crap for brains.