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Nobody Wants A Judge To Be Subject To The Political Whim Of The Moment.
-Stephen Breyer
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Nobody Wants A Judge To Be Subject
Stephen Breyer
Nobody Wants A Judge To Be Subject To The Political Whim Of The Moment.
Views: 12
Topic
Umpires
Judging
Political
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I Think Whether You Are A Judge On My Court Or Whether You Are A Judge On A Court Of Appeals Or Any Court, And Lawyers Too - And If You're Interested In Law Yourself, You'll Be In The Same Situation - You Have A Text That Isn't Clear. If The Text Is Clear, You Follow The Text. If The Text Isn't Clear, You Have To Work Out What It Means. And That Requires Context.
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Judges Are Appointed Often Through The Political Process
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Active Liberty Is Particularly At Risk When Law Restricts Speech Directly Related To The Shaping Of Public Opinion, For Example, Speech That Takes Place In Areas Related To Politics And Policy-making By Elected Officials. That Special Risk Justifies Especially Strong Pro-speech Judicial Presumptions. It Also Justifies Careful Review Whenever The Speech In Question Seeks To Shape Public Opinion, Particularly If That Opinion In Turn Will Affect The Political Process And The Kind Of Society In Which We Live.
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We Are Selected, But I Grew Up In California And In San Francisco And There Was A System Of Electing Judges.
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You Will Read In The Newspaper More Often About Federal Courts, But The Law That Affects People, The Trials That Affect Human Beings Are By And Large In The State Courts
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