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- Jun 10, 2014
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She is permitted to write whatever she likes. Mine was a critique of her poor wording. Might be a bit ambitious to give you a legal education, but here is the thing about judgements. They interpret the law as it stands. Not the potential future consequences of a legal decision. Judges' decision making can't be guided by the potential consequences of a particular decision.My quote was an excerpt from her remarks. She is permitted to do both: ie, give her reasoning to explain why the Supreme Court decision violated constitutional principles, and to give examples to illustrate her reasoning. Here is a fuller version of what she said:
[This decision] "makes a mockery of the principle, foundational to our Constitution and system of Government, that no man is above the law.”
“The Court effectively creates a law-free zone around the President, upsetting the status quo that has existed since the Founding. When the president uses his official powers in any way, under the majority’s reasoning, he now will be insulated from criminal prosecution. Orders the Navy’s Seal Team 6 to assassinate a political rival? Immune. Organizes a military coup to hold onto power? Immune. Takes a bribe in exchange for a pardon? Immune. Immune, immune, immune.
“The relationship between the President and the people he serves has shifted irrevocably. In every use of official power, the President is now a king above the law.”
Again, not a full rendition of her remarks, but clearly her examples are used to illustrate her legal reasoning. Please point to any legal principle that says that her use of examples of the potential consequences of the decision she dissents with have no place in her arguments.
It is then for the legislature to respond appropriately to change laws if need be.
Maybe the Yanks are a bit more florid in their written judgements - Lord knows that one was. Dunno how many High Court decisions you have read but they are pretty dry.
You are getting a bit carried away - things aren't that bad.