Skip to main content

View Diary: Cartoon: Quiz time: First Amendment (45 comments)

Comment Preferences

  •  This Thing Ran Off the Tracks . . . (10+ / 0-)

    with Santa Clara County v. Southern Pacific Railroad. That decision has been used to support things with respect to "corporate personhood" that were never part of the decision -- so many times that stare decisis has made those positions legitimate.

    It's insane. It's saying that if you do it the wrong way enough times, that becomes the correct way.

    "A famous person once said, 'You can fool some of the people some of the time, but you can't fool all of the people all of the time.' But as I once said, "If you don't teach them to read, you can fool them whenever you like." – Max Headroom

    by midnight lurker on Tue Aug 05, 2014 at 08:02:34 AM PDT

    •  Yeah. (0+ / 0-)

      Though that's always been the challenge with stare decisis, even long before the current generation of a grotesquely hyper-activist SCOTUS. I remember having that same indignant response to the concept of stare decisis in law school many years ago, even before Reagan was Pres.

      "These are not candidates. These are the empty stand-ins for lobbyists' policies to be legislated later." - Chimpy, 9/24/10

      by NWTerriD on Tue Aug 05, 2014 at 11:09:22 AM PDT

      [ Parent ]

      •  Well, I Think Stare Decisis May Have a Place (0+ / 0-)

        You can't re-examine every decision every day. However, with respect to Santa Clara, it has purposely been used as a citation to cover opinions that have nothing to do with any aspect of that decision. Since that wasn't challenged, as time passed, it happened again and again. Now it probably can't be unraveled.

        "A famous person once said, 'You can fool some of the people some of the time, but you can't fool all of the people all of the time.' But as I once said, "If you don't teach them to read, you can fool them whenever you like." – Max Headroom

        by midnight lurker on Tue Aug 05, 2014 at 01:32:39 PM PDT

        [ Parent ]

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site