Re: Interesting Article 'setting a LEO straight' ...
Posted: Wed May 28, 2008 6:48 pm
That's correct, of course, but it doesn't negate the fact that corruption in the judiciary is far less common, and far more vigorously prosecuted here than in other countries; and that was the kind of "wink, wink, nudge, nudge" to which israel67 was alluding.DParker wrote:That's all true in cases where a group/individual is shopping for a case to bring before the courts. But in this instance we're talking about an appeal of a specific federal district court ruling that's already been made. This means that appelant doesn't have any choice regarding which court it goes to. It goes to the circuit court that oversees that district. In this case that's the 5th Circuit. Furthermore, appelant doesn't get to shop for the (usually) 3-judge panel that will hear the case, as they are chosen randomly from a pool of...IIRC...something like 22 judges currently sitting on the 5th's bench.The Annoyed Man wrote:But that was in France, and as bad as it gets here, it is very difficult to find that kind of pervasive corruption in our judiciary. Wrongheadedness, yes. Lack of constitutional understanding, yes. But here, corruption in the judiciary tends to get dealt with fairly quickly, and fairly forcefully. The decision "products" of our court system in America are largely a matter of public record. Therefore, it is fairly easy for a litigant to find a court which has a record of rendering decisions in landmark cases that are favorable to the litigant's interest in the case at hand. The 9th Circuit Court of Appeals has such a reputation. Its decisions on social policy issues, for instance, are almost always in favor of a hard leftist interpretation. In fact, the 9th Circuits decisions are so wacky that they hold the distinction of being the most overturned (by the Supreme Court) circuit court in the nation. Consequently, if you are an ACLU lawyer whose personal mission is to try and legalize gay marriage for instance, you start by finding a gay couple in California that is willing to be the plaintiffs against the state in such a suit, and then you bring that suit (eventually) to the 9th Circuit appellate court, where you know you are going to get a sympathetic hearing in front of the judges. Please note that it starts with a lawyer with an agenda (ACLU agenda, in this case), who then finds a client, and then finds a sympathetic court - instead of like most civil cases, where you start with an aggrieved client, who finds a lawyer, and then goes to court in the local court system.