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Diamondeye
 Post subject: Re:
PostPosted: Tue Oct 19, 2010 12:43 pm 
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Ladas wrote:
I didn't say it was unconstitutional to set up a new court, I said it wasn't needed in my opinion, and your argument only reinforces my opinion its a bad idea, and none of the reasons you have stated as to why you think its a good idea appeal to my sense of appropriateness.


Fair enough. However, you did question its Constitutionality. I realize you didn't come right out anc call it explicitly unConstitutional

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Courts have no buisness ruling on the necessity of laws, only their Constitutionality.

I agree. And the ruling from the judge appears to be directly addressing the Constitutionality of the separate law for the military (based upon a exception peculiar to that institution, according to the military).

You just have a different opinion on the comment.


I don't see where you get that from the ruling. The judge is not ruling on the law at all. She is ruling on the Presidential policy of DADT on how it will be enforced.

The ban on gays still exists; the policy about how that law was to be enforced is what she ruled against.

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Ladas
 Post subject: Re: Re:
PostPosted: Tue Oct 19, 2010 12:49 pm 
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Diamondeye wrote:
However, you did question its Constitutionality. I realize you didn't come right out anc call it explicitly unConstitutional

I don't believe I did. What in particular did you read from my post that lead you to that conclusion?
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Diamondeye
 Post subject: Re: Re:
PostPosted: Tue Oct 19, 2010 12:54 pm 
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Ladas wrote:
Diamondeye wrote:
However, you did question its Constitutionality. I realize you didn't come right out anc call it explicitly unConstitutional

I don't believe I did. What in particular did you read from my post that lead you to that conclusion?


This:

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This is akin to stacking the courts to protect a system that may or may not be constitutional, and in the end, only duplicates at extra expense what is already the most likely result (appeals).


I read that as you saying that this would be akin to a form of court packing that may or may not be Constitutional.

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Ladas
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PostPosted: Tue Oct 19, 2010 1:03 pm 
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I was refering to DADT by "system", not the courts directly.... stacking the courts to protect DADT.

Sorry for the confusion.
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Diamondeye
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PostPosted: Tue Oct 19, 2010 2:25 pm 
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Ladas wrote:
I was refering to DADT by "system", not the courts directly.... stacking the courts to protect DADT.

Sorry for the confusion.


I see. Fair enough.

I don't quite understand why you'd think I wanted to stack the courts to protect DADT though, since I'm against it. I don't believe either it, or the legal ban on homosexuals serves the best interests of the military.

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Rynar
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PostPosted: Tue Oct 19, 2010 3:19 pm 
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Not why you would, but why others would, and would be able to.

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Diamondeye
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PostPosted: Tue Oct 19, 2010 3:39 pm 
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Rynar wrote:
Not why you would, but why others would, and would be able to.


Those against it could also stack the court against it. As it is, they can already do that by venue shopping.

The President appoints all Federal judges regardless, and Congress must approve them all. I don't see how anyone other than the PResident could "pack" a court, and all Presidents already do that anyhow by selecting judges that are (as far as they know) sympathetic to their own views.

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Rynar
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PostPosted: Tue Oct 19, 2010 3:40 pm 
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You are making it easier.

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19 Yet she became more and more promiscuous as she recalled the days of her youth, when she was a prostitute in Egypt. 20 There she lusted after her lovers, whose genitals were like those of donkeys and whose emission was like that of horses.

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Diamondeye
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PostPosted: Tue Oct 19, 2010 3:43 pm 
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Rynar wrote:
You are making it easier.


No.

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Rynar
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PostPosted: Tue Oct 19, 2010 3:44 pm 
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Diamondeye wrote:
Rynar wrote:
You are making it easier.


No.


You honestly don't see it that way?

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19 Yet she became more and more promiscuous as she recalled the days of her youth, when she was a prostitute in Egypt. 20 There she lusted after her lovers, whose genitals were like those of donkeys and whose emission was like that of horses.

Ezekiel 23:19-20 
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Diamondeye
 Post subject: Re: Re:
PostPosted: Tue Oct 19, 2010 4:00 pm 
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Rynar wrote:
Diamondeye wrote:
Rynar wrote:
You are making it easier.


No.


You honestly don't see it that way?


Nope. I see no reason that any given Federal court is any more prone to this form of "packing" than any other, I don't really give a **** if it got packed against DADT because I want Congress to repeal the ban, rendering that irrelevant, and I don't thinkt hat this form of packing is possible to change meaningfully anyhow.

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