Comments on: Breyer Concerned About Judicial Independence http://donklephant.com/2005/08/10/breyer-concerned-about-judicial-independence/ Big Teeth. Huge Ass. Surprisingly Reasonable. Tue, 14 Feb 2012 14:03:13 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Montag http://donklephant.com/2005/08/10/breyer-concerned-about-judicial-independence/comment-page-1/#comment-1157 Montag Thu, 11 Aug 2005 13:03:35 +0000 http://donklephant.com/2005/08/10/breyer-concerned-about-judicial-independence/#comment-1157 The issue here is whether there is a threat to the independence of the court, and is it important enought to protect? To attack Breyer because he had something to say about the issue is an <em>ad hominem</em> logical fallacy. In answer to you assertions against Breyer: If there are legitimate grounds to impeach him, then do so. Otherwise, attempts at coercion through threats of impeachment, or worse: threats of physical violence, are just plain criminal. The issue here is whether there is a threat to the independence of the court, and is it important enought to protect? To attack Breyer because he had something to say about the issue is an ad hominem logical fallacy.

In answer to you assertions against Breyer: If there are legitimate grounds to impeach him, then do so. Otherwise, attempts at coercion through threats of impeachment, or worse: threats of physical violence, are just plain criminal.

]]> By: Jabba the Tutt http://donklephant.com/2005/08/10/breyer-concerned-about-judicial-independence/comment-page-1/#comment-1154 Jabba the Tutt Thu, 11 Aug 2005 11:29:13 +0000 http://donklephant.com/2005/08/10/breyer-concerned-about-judicial-independence/#comment-1154 Isn't Justice Breyer of the Supremes, who thinks applying foreign laws to American Constitutional cases is a good idea. For any concern Breyer has about the independence of the courts, he needs to look in the mirror for the reason for that concern. When courts pull decisions out of their butts, that are based on nothing other than their personal, emotional, policy preferences, you don't have to be a rocket scientist to realize that the public is going to react and that there will be politicians out there to act for the public. After Kelo, the public is out there trying to use eminent domain to take Justice Souter's residence in New Hampshire and build a hotel, which will bring more taxes into the town. Souter voted for this for other people, he deserves to see how it works on himself. Breyer ought think about this instead of whining and mewling. Isn’t Justice Breyer of the Supremes, who thinks applying foreign laws to American Constitutional cases is a good idea. For any concern Breyer has about the independence of the courts, he needs to look in the mirror for the reason for that concern. When courts pull decisions out of their butts, that are based on nothing other than their personal, emotional, policy preferences, you don’t have to be a rocket scientist to realize that the public is going to react and that there will be politicians out there to act for the public.

After Kelo, the public is out there trying to use eminent domain to take Justice Souter’s residence in New Hampshire and build a hotel, which will bring more taxes into the town. Souter voted for this for other people, he deserves to see how it works on himself. Breyer ought think about this instead of whining and mewling.

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