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Location: Austin, Texas, United States

I'm a software engineer / partner working for a young company in Austin, Texas, USA. I spend most of my free time hanging out with friends and family, eating out, and partying in the Warehouse District. I should spend more time working on my house....

Thursday, August 25, 2005

Supreme Opinion

Most people realize that the Supreme Court is important, but few people really recognize how amazing the power of the nine is. These individuals are nominated for life (or very close to it, resigning anywhere from a few years to mere months before death) leading to 30+ years terms for many of these individuals. In the Thursday NY Times there is an interesting article covering the speech made by Justice John Paul Stevens to the American Bar Association.

In the article they describe how Justice Stevens felt torn about some of the most recent opionions on wrote for the majority:
The outcomes were "unwise," he said, but "in each I was convinced that the law compelled a result that I would have opposed if I were a legislator."

In one, the eminent domain case that became the term's most controversial decision, he said that his majority opinion that upheld the government's "taking" of private homes for a commercial development in New London, Conn., brought about a result "entirely divorced from my judgment concerning the wisdom of the program" that was under constitutional attack.

His own view, Justice Stevens told the Clark County Bar Association, was that "the free play of market forces is more likely to produce acceptable results in the long run than the best-intentioned plans of public officials." But he said that the planned development fit the definition of "public use" that, in his view, the Constitution permitted for the exercise of eminent domain.

Justice Stevens said he also regretted having to rule in favor of the federal government's ability to enforce its narcotics laws and thus trump California's medical marijuana initiative. "I have no hesitation in telling you that I agree with the policy choice made by the millions of California voters," he said. But given the broader stakes for the power of Congress to regulate commerce, he added, "our duty to uphold the application of the federal statute was pellucidly clear."

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