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View Diary: BREAKING: 2nd Circuit Reinstates Stop & Frisk, Reprimands and Removes Judge Scheindlin. Updates. (306 comments)

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  •  "Reasonable Suspicion" (5+ / 0-)

    And the whole idea of "reasonable" in our legal system is where the idea that we have a rule of law break down completely. The people who decide what is reasonable are those with money and power so reasonable means something completely different to them.

    •  Don't forget that in the beginning slavery (8+ / 0-)

      was legal. The rule of law is deceptive. It does not guarantee justice. Indeed, the law can be as arbitrary and capricious as any flesh and blood ruler and lacks a head that can be offed. Tyrants have a relatively short life-span; the law can survive for centuries.
      There is a reason the Cons, like Anthony Kennedy, are champions of the rule of law. Not the least of which is that it provides them with deniability. Pontius Pilate, recusing himself  followed the law. So, does Rick Perry every time he signs an execution warrant, even for an innocent bloke.

      •  Oh, I never forget that (3+ / 0-)
        Recommended by:
        jpmassar, wu ming, pitbullgirl65

        And the genocide of the Indians was also committed largely within the rule of law. The thing is that even then there wasn't rule of law. It was a myth and it always has been, on the level of Hobbes "State of Nature" and Smith's market.

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