News (Media Awareness Project) - US WA: PUB LTE: Home Searches |
Title: | US WA: PUB LTE: Home Searches |
Published On: | 2006-06-18 |
Source: | Seattle Post-Intelligencer (WA) |
Fetched On: | 2008-01-14 02:09:54 |
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Supreme Court says don't bother to knock The Supreme Court, with the
recent additions of John Roberts and Samuel Alito, made a ruling last
week (Hudson v. Michigan) that ignores prior rulings with regard to
serving a warrant upon a residence, specifically requiring the
government to knock and announce itself. Under the legal principle of
stare decisis, or to stand by that which has been decided, case law
seeks stability so that we, the people, can have confidence in the
continuing impartiality of the law.
The issue is not the facts of the case but the concept of whether or
not the law should be stable. When testifying before the Senate in
January, then Judge Alito said, "when a precedent is reaffirmed, that
strengthens the precedent." Prior rulings on this issue spanned 90
years, creating this precedent. Now, it seems, that these newest
justices do not care if the law is perceived to be stable and
reliable, despite their testimony at confirmation. President Bush
warned us about "activist judges," is this ruling what he meant?
Tim Battin
Tacoma
Supreme Court says don't bother to knock The Supreme Court, with the
recent additions of John Roberts and Samuel Alito, made a ruling last
week (Hudson v. Michigan) that ignores prior rulings with regard to
serving a warrant upon a residence, specifically requiring the
government to knock and announce itself. Under the legal principle of
stare decisis, or to stand by that which has been decided, case law
seeks stability so that we, the people, can have confidence in the
continuing impartiality of the law.
The issue is not the facts of the case but the concept of whether or
not the law should be stable. When testifying before the Senate in
January, then Judge Alito said, "when a precedent is reaffirmed, that
strengthens the precedent." Prior rulings on this issue spanned 90
years, creating this precedent. Now, it seems, that these newest
justices do not care if the law is perceived to be stable and
reliable, despite their testimony at confirmation. President Bush
warned us about "activist judges," is this ruling what he meant?
Tim Battin
Tacoma
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