About Me
- Name: Nick W.
- Location: Wisconsin, United States
Libertarian observations from within the Ivory Tower by an archivist, librarian and researcher.
Email me at
libertarian_librarian@hotmail.com
Worth a visit or two
- Andrew Sullivan
- The Ornery American
- Iraq the Model
- Dennis the Peasant
- Tim Blair
- James Lileks
- Views from the other side of the aisle
- Views from the XX side of genetics
Archives
- February 2005
- March 2005
- April 2005
- May 2005
- June 2005
- July 2005
- August 2005
- September 2005
- October 2005
- November 2005
- December 2005
- January 2006
- February 2006
- March 2006
- April 2006
- May 2006
- June 2006
- July 2006
- August 2006
- September 2006
- October 2006
- November 2006
- December 2006
- January 2007
- February 2007
- March 2007
- April 2007
- May 2007
- June 2007
- July 2007
- August 2007
- September 2007
- October 2007
- November 2007
- December 2007
- January 2008
- February 2008
- March 2008
- April 2008
- May 2008
- July 2008
- August 2008
A university is just a group of buildings gathered around a library. ~Shelby Foote
Thursday, January 12, 2006
Alito
Comments:
<< Home
So, are you agreeing with the link you have?
I would like to see more judges care about the 'little guy', but as long as politicians keep nominating them, I don't see it happening.
I would like to see more judges care about the 'little guy', but as long as politicians keep nominating them, I don't see it happening.
In the link in Nick's post, Bazelon says, "In almost none of these cases, though, does Alito seem like a little-guy champion. He seems like a judge who dutifully follows the law. When the law instructs him to find for the criminal defendant or the plaintiff, he does so." What's wrong with a judge who dutifully follows the law and finds for the defendant or the plaintiff as directed by the law?
I always understood a judge to be a neutral referee, with a standing knowledge of the law, who can impartially rule on a dispute between two parties based upon precedent and existing law. I don't want a judge to be a "little-guy champion," because that indicates that the judge will not be impartial in cases involving the little-guy. A judge who is biased in favor of one party may not rule based upon the law, but rather based upon the best interest of the party that holds his favor.
Besides, when most advocates for the downtrodden make a public plea for their clients, they are usually asking for equal protection and to be treated fairly under the law. Let the lawyers be the champions for their clients, little-guy or otherwise. The judges don’t need to be the champions for anyone; they need to be impartial and pass down rulings based upon the law.
If the law doesn't protect the little-guy, then we need to contact our legislators and demand that they create new laws that do. If a judge finds for the little-guy because that judge is a "little-guy champion," not because the judge is adhering to the law, then that would basically be the judicial activism or legislating from the bench which is often bandied about.
Post a Comment
I always understood a judge to be a neutral referee, with a standing knowledge of the law, who can impartially rule on a dispute between two parties based upon precedent and existing law. I don't want a judge to be a "little-guy champion," because that indicates that the judge will not be impartial in cases involving the little-guy. A judge who is biased in favor of one party may not rule based upon the law, but rather based upon the best interest of the party that holds his favor.
Besides, when most advocates for the downtrodden make a public plea for their clients, they are usually asking for equal protection and to be treated fairly under the law. Let the lawyers be the champions for their clients, little-guy or otherwise. The judges don’t need to be the champions for anyone; they need to be impartial and pass down rulings based upon the law.
If the law doesn't protect the little-guy, then we need to contact our legislators and demand that they create new laws that do. If a judge finds for the little-guy because that judge is a "little-guy champion," not because the judge is adhering to the law, then that would basically be the judicial activism or legislating from the bench which is often bandied about.
<< Home