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To: theusa

One more thing: There is no way Justice O'Connor has serious thoughts of retiring. She is incredibly active and involved. We should all hope to be as fit and sharp at any age.

As to Breyer, I don't agree with him politically, but he is an elegantly intelligent and charming man, who performs many kind acts that none on this site could criticize.


19 posted on 01/19/2005 12:21:54 PM PST by Pinetop
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To: Pinetop

I saw part of this telecast and Breyer made a distinction as to when he looked to non-US decisions and why. His case he made was better then I anticipated.

He said, first, each justice should turn away from their individual opinion, prejudice or preference and get outside-of-self, or words to that effect.

He then said that where US case law is silent and doesn't have decisions to go back to for observation, other nations judicial records may show how others have decided similar issues so that the justice researching same can seperate himself from their own opinions. Once observed, then it is only fair for those reading there opinions to be shown the path of thinking and reseach they have taken so that it is clear that the justice has made his reasoning and reflection obvious.

Scalia even gave some credence to this line of reasoning when it was fully restricted to such a narrow area. His complaint was when our law was obviously well founded it should not be circumvented without a clear cause within our own law.


20 posted on 01/19/2005 12:53:28 PM PST by KC Burke (Men of intemperate minds can never be free....)
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