2005/01/26

Stare Decisis is dead...Long live it.

Last week, Gary L. Lancaster, Judge of the United States District Court for the Western District of Pennsylvania (Clinton appointee) pulled from the deepest and most cavernous section of his ass, two holdings in one case, United States v. Extreme Associates, Inc.

First, he holds, federal obscenity laws are unconstitutional. I think at this point, rather than argue that stare decisis, as constitutional principle, is weaker than the knees of a $2 whore; we can dispense with the bullshit and declare it officially dead. I mean yes, the concept suffered a mortal wound about this time 32 years ago, but it apparently let go of its last staggered breath with this case.

Second, Lancaster declares that morality cannot be legislated. Oh really, Judge Lancaster? Well then, I'll personally be waiting around for you to strike down all murder, robbery, rape and incest laws. Oh riiiiight...yeah, no I won't. We do and must legislate morality...every stinkin' day. Step out of the top floor of that ivory tower you seem to be living in and well...fall painfully to your death.

And Harry Reid thinks that Clarence Thomas is an embarrassment? This folks, is why more Justices like Scalia and Thomas are exactly what the Supreme Court needs.

2 Comments:

Blogger fuckstick2020 said...

How can you link morality of speech with murder and incest? WHAT IS WRONG WITH YOU???? I know many conservatives and I can actually see things from their prospective but the garbage you spew... sheesh.

10:33 PM  
Blogger J said...

Wow, so I notice MiddleSchoolTeacher is actually a middle schoole teacher. Funny, but I thought there was still a minimum requirement that teachers, at the very least, know how to READ. So much for that. No wonder education is in its current pathetic shape.

Nonetheless, I never once wrote the term "morality of speech". The words were, "morality cannot be legislated," which is a complete fallacy. Please see above post.

There is not a thing wrong with me ma'am. You, on the other hand could benefit from a reading comprehension course.

1:14 PM  

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