Legislating From The Bench—Right Wing euphemism for “we don’t like the verdict”. Just like any news story that puts them in the bad light is “fake news”. Yet, so many disgruntled people are fooled by it.
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I always thought that due process was a right we already had versus something new that was being legislated for the first time. I would not know what legislation from the bench is since the judicial branch does not make law it interprets laws on the books. However, the interpretation of legal precedent is something that has been going on since English common law has been adopted in this country. Additionally, the interpretation is not the perview of one judge with our appellate process unless the judge is on the Supreme Court. If there is a better solution out there then someone should propose it and get our laws amended that deal with the court system. Which is a better solution than ignoring the court system completely and inventing individual interpretations of the law.
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There is an appeal process. Additionally, legislation written and passed can surpass a legal position. So when I see “activist judge” it is usually from someone that has lost their judicial appeals on whatever issue and started from a ridiculously narrow legal case or unreasonable legal position to begin with. Said person cannot convince enough people in a standing legislature that their proposed rule of law is something that should ever be implemented (voted on). It’s sour grapes reasoning and also open contempt for a branch of our government in favor of something else that remains undefined.
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My view is both sides claim that and it is not necessarily a partisan claim. Again sour grapes reasoning. People rarely want to accept their political position had no merit. Google Lost Cause movement if you want to see that on a larger scale. We are still dealing with the Lost Cause movement well over a Century and a half later. It is the ultimate sour grapes legal case that led to Civil War. They lost it back then but are still trying to argue it now…ridiculous.
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I’m also saddened by all the people who believe in every conspiracy theory ever thought of. Many have made poor choices in life and instead of looking in the mirror and admitting it, they feel the need to blame it on some unseen omnipotent force that they had no control over. Whether it’s the black state or the multinational corporations, it’s always someone else’s fault.
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15 or so years ago, I likely would have agreed with you.
But now for a couple reasons, I don’t.
The Process has become the Punishment, drown someone in Legal Debt to the point where it not only prevents them from pursuing a legitimate case, but breaks them personally financially.
Also, the legal system moves so Slowly, often intentionally, that by the time there is a resolution, it is irrelevant, and the DELAY, was the intent.
Anyone that can’t think of relatively recent examples, either isn’t living in Reality, or simply Refuses to acknowledge the Truth
Doug
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I completely Believe in Personal Responsibility, but many “Conspiracy Theories “ have been proven to be based in Truth.
In Politics, Lying, Gaslighting and Projection are all too common, much more so on One Side of the Aisle.
Do you know the difference between a Conspiracy Theory, and the Truth?
Currently about 12-18 months 
Doug
I’m talking about conspiracy theories like 9/11 Was An Inside Job or the Democrats Are Running a Pedophile Ring Out Of A Pizzeria Basement. People are brainwashed into not believing what they saw with their own eyes…who that watched Jan 6th can say that they were just tourists being peaceful. Yet, that lie has been repeated so many times that people believe it.
It isn’t only government who has deep pockets when it comes to swamping the small guy with lawsuits. How many small businesses did the Orange Menace refuse to pay for services for him and then dragged out the lawsuits until they folded or quit? I’ve followed him since the 1980s, not like most who never heard of him until The Apprentice.
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Jan 6th, shouldn’t have happened the way that it did, no argument there, there were were mistakes on Both sides.
But don’t throw Jan 6 out there, then try to tell me about the “Mostly Peaceful Protests “ during the “Summer of Love “.
My Friend, and neighbor across the street was on the frontline at the Federal Courthouse in Portland, OR, and there was NOTHING Peaceful about those 100 or so Days of RIOTS, in Portland.
Jan 6, shouldn’t have happened as it did, but it was a Nothing Burger compared to the other RIOTING and Destruction in the rest of the country, that the Left not only downplayed, but SUPPORTED
Doug
Wow!
As to the government not being the only ones with deep pockets, a Major Difference is that the government is using the taxpayers own money against them. The government has the ultimate Deep Pocket, it uses taxpayer money against taxpayers, then in the rare case the government does lose, it uses taxpayer money for any settlement.
The government can fight and/or delay anything it wants because, it has No Money of it’s OWN to lose, it is getting it’s money from the taxpayers
The government also used the taxpayer funded weaponized DOJ to persecute its opponents.
The irony is, if the current administration pursues those that did commit crimes in the last administration, it will be accused (already has been preemptively) of doing what the previous administration itself did
Doug
He who fights and runs away lives to fight another day.
You don’t understand the difference between a bunch of idiots rioting in one city and others trying to overthrow the results of a presidential election and wanting to lynch members of Congress? Wow! One was hooligans and the other were people trying to get rid of democracy.
Trump rode an Amtrak train? News to me.
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Yep, WOW is all I can say as well, if you think that Jan 6 even came close, to the Rioting and Destruction that happened in the rest of the country.
Again, Jan 6 shouldn’t have happened as it did, I have seen firsthand, and know people who were ON the Frontline in Portland, Jan 6 was wrong, but if you think that it was worse than what happened in the rest of the country, you simply don’t know anything about it,
I saw what was happening in my hometown, and know people that were there
Doug
Agree and I can use this post to tie back into the topic. This happens a lot with Amtrak and people rationalizing. There was a guy on social media that stated the Texas Eagle being cancelled was not Amtrak’s call but the fault of Union Pacific railroad. Union Pacific does not have the power to cancel an Amtrak train. It can close the line for maintenence. There is a difference in nuance there. Last I checked, Amtrak has other options open to it beyond a bus bridge but for whatever reason decided that would be a dandy solution. So while I can understand the “Amtrak can do no wrong” philosophy at times. It has choices in almost all cases as well.
He was CEO of the largest pax carrier in the country. It’s 100% relevant. Unlike sports or swimsuits. Which I see 0% related although I’d love to hear your thoughts.
Backshop, Jan 6 wasn’t an “Insurrection “ when was the last insurrection WITHOUT firearms?
There was no attempt to “Overthrow the Government “ keep drinking that kool Aid.
As far as the Jan 6 Rioting, some windows were broken, some people went into areas, they shouldn’t have been in, some of those were even escorted by police officers
What was BURNED? Where were the Molotov Cocktails? Funny as I recall, the only shots fired were by the police. Ashli Babbit was the only fatality (possibly one other protester)
FIVE Police Officers Killed, as the Left reported, Total and Complete BS, though Biden continued telling that Lie throughout the election
Doug
That is the conclusion based on social media and cable TV news inputs but honestly the court system has been fairly efficient. I don’t agree with all the outcomes but there is a LOT of spin regarding them. Bottom line is a lot of these court cases would never been filed had an individual treated others with respect and fairly. I think your missing that underlying point. I know I had issues back in the late 1980’s early 1990’s with the main underlying individual here being discussed. Most of NYC had issues with how he did business. A lot of these court actions are not necessarily political but longstanding attempts to reign the guy in, that have been going on for decades some that go back to his Father (who taught Junior to use the court system instead of one on one conversations with compromise). Anyway, I am going to move on. I am here for relaxation more than arguing a point.
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If the previous administration had followed and enforced our Laws, a lot of this wouldn’t even be an issue right now
As seen, more legislation wasn’t needed, just enforcement of existing laws, and that is true in many aspects, but often there is call for more laws, when enforcement of the laws that we already have, would solve many problems
It’s about CONTROL
Doug