Judges Do Make Law

Judges Make Law and have for Centuries

Folks, Judges have been making law for hundreds of years. It is called common law.  Common law is law that has been developed through the years by consideration of prior rulings on other cases similar in nature.  When there is no prior law on a subject, judges still use prior court cases to guide them in their decisions.  This is called precedent.  Judges look at all kinds of things to help them, including life experiences and common sense.  One cannot judge without common sense.  And sometimes I don’t agree with someone else’s common sense even though I can recognize his point.  Things are not as clear cut as so many want to make us believe.  Our own personal history gives us our own personal insights that others may be lacking.  I don’t agree with the idea that ones personal insights are better than someone else’s but the diversity of thought on a panel of judges will be better than with those expanded views.

I was watching Fox News tonight, would have been the morning in the USA  The bony blond bimbo  with her implants is spouting off on just this subject.  Acting as if it was a fact that judges are not to make law. Any lawyer knows full well that judges to create new law.  But this bimbo while acting as if shes above and smarter than all of us that voted for Obama said something like “see people, your votes have consequences.”  Duh, I needed her to tell me that?  She’s been so brain washed by the Fox Lies that she actually believes them.

The right as this mob mentality thing going on, they sit around, say something that sounds good then all chuckle to themselves how stupid the left.  I hate to even use the terms left and right because those on the right are not on the right.  When it comes to social matters they are extremely liberal.  They want the government involved and they want it to tell the rest of us how to live.  Most are well meaning people but they border on delusional.

But back to the law, we generally want to see our courts make small steps, that’s what judicial restraint means.  Its rare that the court will reverse itself.  It happens but its rare.  Judicial restraint recognizes that the status quo is protected and change comes slow.  Changing what has worked for years is probably not broken so be careful what you change.  Restraint yes but Judges make laws.

Legislature makes statutory law.  When the statute is not clear or no statute seems to apply that’s what the judges get paid for this is what separates the meek from the great legal minds.  Lawyers dream of setting president before the supreme court.  Few ever achieve it but that’s the super bowl of the practice of law.

This is a smoke screen for the Republicans to act as if they’ve exposed some great evil, gasp, the setting of precedent or the creation of law by a court.  Courts do create law.  Why do people seem to be afraid to say that?  I hope Sotomayor will have the guts to say it. I wish Obama would say it.  Why are the democrats afraid to challenge the Republicans that make this claim?  Because of the rights smoke screen and lies that courts don’t make law.  Quite frankly that idea is absurd and don’t let anyone tell you otherwise!

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