Author Topic: Why does this make me nervous? (Don't Ask Don't Tell related)  (Read 3989 times)

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Offline Goober5000

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Re: Why does this make me nervous? (Don't Ask Don't Tell related)
i don't know what strange definition of activism you have - but doing their job (that is interpreting the constitution) is not activism.  pullin things out of no where, saying they're in the constitution, and making a ruling based on that is.

Just because you disagree with the interpretation doesn't mean it doesn't have grounding in the constitution.

again the accusation of "judicial activism" comes down to "i disagree" not that "that is an unfounded conclusion".  I'm really tired of this crap - if you want to criticize a judicial decision then criticize it in a legitimate (aka reasoned) fashion, don't resort to terminology that accuses judges of being biased.
You'll note that in my reply to NGTM-1R I specifically cited the definition of "activism" I was using, and I specifically distinguished it from the popular "anything I disagree with" usage.

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it's REALLY hilarious when the conservatives accuse judges of "judicial activism" in the federal judiciary.  the federal judiciary is 70% republic appointees,  SCOTUS is a 7-to-2 split (R-to-D).
You'll also note that whether a judge or justice engages in activism, as opposed to properly interpreting the law, is independent from their political leanings.  Not only that, but it's entirely possible for an appointer to make a mistake -- George H. W. Bush famously described his appointment of Justice Souter this way.

Furthermore, you're incorrect about the Supreme Court split.  Four of the current justices were appointed by Democrats (two each by Clinton and Obama), not two.


The fact that there is "significant public and political opposition" is entirely meaningless in this and other Constitutional rulings.
In the majority of rulings you would be correct, but this is a ruling on policy, not law.  It's well-established that the military has the right to regulate its members and the positions they hold; there is no legal controversy about the military prohibition of women serving in front line combat units, for example.  And this case is not a question on the right of homosexuals to speak freely or own property or be free from unreasonable search and seizure or any other right in general society.

This is an activist ruling because it overturns a long-standing policy that is consistent with historical military regulation and is supported by a majority of the military, a majority of the Congress, and a majority of the American people.

 

Offline General Battuta

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Re: Why does this make me nervous? (Don't Ask Don't Tell related)
GOOBER HATES WOMEN

i quit

  

Offline Nuclear1

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Re: Why does this make me nervous? (Don't Ask Don't Tell related)
Except it's not good regulation, it's actually detrimental to good order and discipline.  If you'd seen half the scumbags that are allowed to stay in, but all the good people we've lost to DADT, you'd be appalled.  I know many homosexual servicemembers, and they're among some of the most dedicated in our unit.

Plain and simple, it's the Pentagon and DoD not having any faith in its soldiers, sailors, airmen, and marines.  They're so badly out of touch that they don't think we can put our thoughts on homosexuality, race, gender, ethnicity, and religion aside when there's lives on the line.  That, or the vast majority of the DoD is highly homophobic.
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