maxparrish
04-02-2007, 11:02 AM
As expected by those of us attuned to the five Supreme liberal politician-lawyers that run the Supreme Ruling Council of America, a new Fatwa has been issued to the people's policy makers madating a war on Global Warming.
And as would be expected, the Fatwa five needed a new theological epiphany of the meaning in the people's laws to impose their latest higher wisdom over democracy and a free government - still, we should note four of them voted for the people, and two legally faithful mullahs authored two dissents on behalf of the people:
Justice Roberts:
Quote:
<TABLE cellSpacing=0 cellPadding=4 width="100%" border=0><TBODY><TR><TD class=alt2 style="BORDER-RIGHT: 1px inset; BORDER-TOP: 1px inset; BORDER-LEFT: 1px inset; BORDER-BOTTOM: 1px inset">...(they) made (the petitioner's) standing seem a lawyer’s game, rather than a fundamental limitation ensuring that courts function as courts and not intrude on the politically accountable branches.
...Petitioners’ difficulty in demonstrating causation and redressability is not surprising given the evident mismatch between the source of their alleged injury—catastrophic global warming—and the narrow subject matter of the Clean Air Act provision at issue in this suit. The mismatch suggests that petitioners’ true goal for this litigation may be more symbolic than anything else. The constitutional role of the courts, however, is to decide concrete cases—not to serve as a convenient forum for policy debates. See Valley Forge Christian College v. Americans United for Separation of Church and State, Inc., 454 U. S. 464, 472 (1982) (“[Standing] tends to assure that the legal questions presented to the court will be resolved, not in the rarified atmosphere of a debating society, but in a concrete factual context conducive to a realistic appreciation of the consequences of judicial action”).
</TD></TR></TBODY></TABLE>
Scalia:
Quote:
<TABLE cellSpacing=0 cellPadding=4 width="100%" border=0><TBODY><TR><TD class=alt2 style="BORDER-RIGHT: 1px inset; BORDER-TOP: 1px inset; BORDER-LEFT: 1px inset; BORDER-BOTTOM: 1px inset">The Court’s alarm over global warming may or may not be justified, but it ought not distort the outcome of this litigation. This is a straightforward administrative-law case, in which Congress has passed a malleable statute giving broad discretion, not to us but to an executive agency. No matter how important the underlying policy issues at stake, this Court has no business substituting its own desired outcome for the reasoned judgment of the responsible agency. </TD></TR></TBODY></TABLE>
I, for one, hope the government of, by, and for the people do not resist the mullahs - they have declared and we must obey. Fall to your knees oh ignorant ones, bow and grovel in admiration of their wisdom over our elected policy makers and their laws. All hail the legal mullahs altruistic guidence...
As one commentator put it "It proves that no one is above (the court's invention of) the law, not even the President (or Congress or the people)".
You know, one day I'd like to live in a free country.
<!-- / message -->
And as would be expected, the Fatwa five needed a new theological epiphany of the meaning in the people's laws to impose their latest higher wisdom over democracy and a free government - still, we should note four of them voted for the people, and two legally faithful mullahs authored two dissents on behalf of the people:
Justice Roberts:
Quote:
<TABLE cellSpacing=0 cellPadding=4 width="100%" border=0><TBODY><TR><TD class=alt2 style="BORDER-RIGHT: 1px inset; BORDER-TOP: 1px inset; BORDER-LEFT: 1px inset; BORDER-BOTTOM: 1px inset">...(they) made (the petitioner's) standing seem a lawyer’s game, rather than a fundamental limitation ensuring that courts function as courts and not intrude on the politically accountable branches.
...Petitioners’ difficulty in demonstrating causation and redressability is not surprising given the evident mismatch between the source of their alleged injury—catastrophic global warming—and the narrow subject matter of the Clean Air Act provision at issue in this suit. The mismatch suggests that petitioners’ true goal for this litigation may be more symbolic than anything else. The constitutional role of the courts, however, is to decide concrete cases—not to serve as a convenient forum for policy debates. See Valley Forge Christian College v. Americans United for Separation of Church and State, Inc., 454 U. S. 464, 472 (1982) (“[Standing] tends to assure that the legal questions presented to the court will be resolved, not in the rarified atmosphere of a debating society, but in a concrete factual context conducive to a realistic appreciation of the consequences of judicial action”).
</TD></TR></TBODY></TABLE>
Scalia:
Quote:
<TABLE cellSpacing=0 cellPadding=4 width="100%" border=0><TBODY><TR><TD class=alt2 style="BORDER-RIGHT: 1px inset; BORDER-TOP: 1px inset; BORDER-LEFT: 1px inset; BORDER-BOTTOM: 1px inset">The Court’s alarm over global warming may or may not be justified, but it ought not distort the outcome of this litigation. This is a straightforward administrative-law case, in which Congress has passed a malleable statute giving broad discretion, not to us but to an executive agency. No matter how important the underlying policy issues at stake, this Court has no business substituting its own desired outcome for the reasoned judgment of the responsible agency. </TD></TR></TBODY></TABLE>
I, for one, hope the government of, by, and for the people do not resist the mullahs - they have declared and we must obey. Fall to your knees oh ignorant ones, bow and grovel in admiration of their wisdom over our elected policy makers and their laws. All hail the legal mullahs altruistic guidence...
As one commentator put it "It proves that no one is above (the court's invention of) the law, not even the President (or Congress or the people)".
You know, one day I'd like to live in a free country.
<!-- / message -->