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RiceLad15 Online
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Post: #683
RE: Rice Quad Supreme Court / Legal Decisions Thread
(02-03-2022 06:21 PM)Frizzy Owl Wrote:  
(02-03-2022 06:00 PM)RiceLad15 Wrote:  
(02-03-2022 05:33 PM)tanqtonic Wrote:  
(02-03-2022 05:24 PM)RiceLad15 Wrote:  
(02-03-2022 04:42 PM)tanqtonic Wrote:  So, you think that 'carve-outs' are necessary and/or good. Because of perspectives.

What do you think the difference is between 'black' law and 'white' law answer on the Constitutional question of abortion? since it obviously requires different interpretations according to black skin color and white skin color.

As a simple exercise, I am sure you aware of the vision of lady liberty with the blindfold on --- which should be an accurate depiction of the legal process.

How do you stand your concept of 'bringing the perspective of the [choose your racial/sexual group de jure] people' that you clamor for above into balance with the ideal of being 'perspective neutral' as a jurist?

Seems to me your proffer is wholly at odds with the real job of a real jurist at the get go, and just a very shallow response to the actual position itself.

Your implication that there is an 'xyz' perspective (where xyz is a racial delineation) to the bench is fairly farcical (and quite unsettling, tbh) in light of the actual issues of being a jurist, and, quite honestly, in light of the actual real world make up of the Supreme Court. I guess Thomas *doesnt* have the 'perspective' of a black, nor any of the three current females having a perspective of a 'female'.

I'm not going to have this back and forth if you want to jump to calling my position shallow.

You seem more interested in bashing it and tooting your own horn than actually engaging.

Then strike the phrase with 'shallow' in it. The rest of the question is pretty straightforward.

Im quite interested in the concept of 'forcing' perspectives into the role of a jurist. Seems quite at odds with the function of a jurist.

And I am quite interested into what the different perspectives race would have an impact on, say, high capacity magazines.

Your answer defending carve-outs rests on these forced inclusions of these perspectives, and I want to learn more on the above in your viewpoint.

I've got no idea what you mean by "forced inclusions of these perspectives."

The comment about high capacity magazines is actually another good example of where perspective and experience could start to inform a jurists' opinion. Scalia wrote in Heller (IIRC) that citizens have a right to use weapons in common use at their time. Someone who is far more familiar with firearms might be more inclined to believe high capacity magazines are in common use, versus a jurist who has never fired a hunting rifle.

Race is not the be all-end all when it comes to personal experience. But it undoubtedly has an impact on one's life and their experiences. I very much would value having a wide-swath of experience on the court.

Jurists aren't supposed to rely on their own experience and knowledge, other than their knowledge of the law. They're supposed to weight the facts in evidence, and it's up to the lawyers on each side to enter those facts. Judges are only human, and no doubt they sometimes let their preconceived notions and what they think they know get in the way of judging the facts in evidence, but that's not them at their best. What you envision as an ideal - high court judges bringing their personal biases and experiences into their rulings as a matter of principal instead of doing their best to avoid doing so - would be a disaster. It happens in lower courts a lot - but that's why appeals courts are necessary.

That’s not what I envision as an ideal.
02-03-2022 06:32 PM
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RE: Rice Quad Supreme Court Thread - mrbig - 06-13-2019, 12:36 PM
RE: Rice Quad Supreme Court Thread - mrbig - 09-24-2020, 11:15 AM
RE: Rice Quad Supreme Court Thread - mrbig - 09-28-2020, 10:05 AM
RE: Rice Quad Supreme Court Thread - mrbig - 06-13-2019, 03:11 PM
RE: Rice Quad Supreme Court Thread - mrbig - 06-13-2019, 04:22 PM
RE: Rice Quad Supreme Court Thread - mrbig - 06-13-2019, 04:29 PM
RE: Rice Quad Supreme Court Thread - mrbig - 06-13-2019, 04:53 PM
RE: Rice Quad Supreme Court Thread - mrbig - 06-13-2019, 04:59 PM
RE: Rice Quad Supreme Court Thread - mrbig - 06-13-2019, 05:10 PM
RE: Rice Quad Supreme Court Thread - mrbig - 06-13-2019, 06:30 PM
RE: Rice Quad Supreme Court Thread - mrbig - 06-25-2019, 12:23 AM
RE: Rice Quad Supreme Court Thread - mrbig - 06-26-2019, 11:15 AM
RE: Rice Quad Supreme Court Thread - mrbig - 09-28-2020, 10:09 AM
RE: Rice Quad Supreme Court Thread - mrbig - 10-14-2020, 11:52 AM
RE: Rice Quad Supreme Court Thread - mrbig - 10-15-2020, 12:17 AM
RE: Rice Quad Supreme Court Thread - mrbig - 10-15-2020, 10:34 AM
RE: Rice Quad Supreme Court Thread - mrbig - 10-15-2020, 11:00 AM
RE: Rice Quad Supreme Court Thread - mrbig - 10-15-2020, 12:05 PM
RE: Rice Quad Supreme Court Thread - mrbig - 10-16-2020, 03:36 PM
RE: Rice Quad Supreme Court Thread - mrbig - 10-16-2020, 03:17 PM
Rice Quad Supreme Court Thread - chrisc - 10-06-2020, 12:17 PM
RE: Rice Quad Supreme Court Thread - mrbig - 10-15-2020, 12:18 AM
RE: Rice Quad Supreme Court Thread - mrbig - 10-15-2020, 10:40 AM
RE: Rice Quad Supreme Court Thread - mrbig - 10-15-2020, 11:03 AM
RE: Rice Quad Supreme Court Thread - mrbig - 10-15-2020, 10:54 AM
RE: Rice Quad Supreme Court Thread - mrbig - 10-15-2020, 12:03 PM
RE: Rice Quad Supreme Court Thread - mrbig - 10-16-2020, 03:27 PM
RE: Rice Quad Supreme Court / Legal Decisions Thread - RiceLad15 - 02-03-2022 06:32 PM



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