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To: Maelstorm

I don’t understand why you think he had a choice. The SC of South Carolina is forcing him to do this. Are we now advocating that Republican governors ignore the law? That they defy judges’ rulings they don’t like?


11 posted on 06/08/2009 8:18:01 PM PDT by TexasKate
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To: TexasKate

I think that there is a time to ignore judges, as we seem to have no other option. The idea that a judge has said it, therefore it is right, is not correct.
Sure, this leads to problems, like the infamous Jacksonian response. The question of when this is a valid tactic and when it is not is tricky and prone to abuse. Then we will need another check for this, I suppose, but it may work out. Perhaps the legislature can step in with funding issues?
The courts lack executive power, and the true executive should at times decide not to enforce their orders.
Terri Schiavo comes to mind.
Courts sending officials to schools to make sure that they follow decisions, rather than waiting for an actual complaint to them, also comes to mind (ever heard of a court enforcing a visitation order in such a manner?)
It is more than time that people begin to say to the courts that they are wrong and will not be followed.

Food for thought:
http://www.acuf.org/issues/issue110/080621news.asp


26 posted on 06/08/2009 9:46:28 PM PDT by Apogee
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