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Hogarth judge

December 2016

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Hogarth judge

Rich wrote:

Ya'll better step back a moment. While this is a fine thing, it is not yet law. law is made by the Supreme Court.


That isn't the whole story. Law is made by the Supreme Court. Law is also made by the several Circuit Courts of appeal, the federal district courts, your state Supreme Court, any intermediate courts, and the justice of the peace. Law is made by the President. Law is made by Congress. Law is made by your local zoning board, and your local Selective Service board, and yes you still have one. And law is made by the cop on the beat, to whom the system gives a surprising leeway to improvise.

The only real difference is the territory in which these lawgivers rule.

There's an awful lot of this stuff. It tends to accumulate and not go away, like that pile of spent cat litter you made in the yard thinking that the rain would eventually wash it away. Nope. And the practice of law is like the practice of medicine: it's just a matter of giving a fallible prognosis of what the government is likely to do, and propose a response. Law is what the government actually does.

I think the President did the wrong thing in filing the notice of appeal (he doesn't actually have to complete the process, even now, and could dismiss it) is that, had the deadline passed, this judge's order would have been the law. Appeals are always optional, and an unappealed judgment stands. It is possible to be satisfied that you got a fair hearing from a local judge, who explained her decision fairly, even if that judge ruled against you. That judge has given you due process, and that compasses all you're really entitled to from the judicial system. Since the morally right outcome is certain this way, and highly uncertain in the hands of those other lawgivers (this Congress? no. The next Congress? Heh. The current U.S. Supreme Court? I don't think so.) the option not to appeal should have been (and still can be) taken.

Comments

All I know is that when I heard about this I was in the car listening to public radio and found myself driving aimlessly around the parking lot yelling "OBAMA DID WHAT???"

I have really got to calm down.