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Old 07-14-2018, 12:27 AM
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ShivaTD ShivaTD is offline
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Default Re: How should a justice vote?

Quote:
Originally Posted by pjohns View Post
In my opinion, a Supreme Court justice--if he or she is any good--will sometimes vote for an obviously bad result, if that means upholding the Constitution.

Thoughts?
This reminded me of a speech made by Robert Jackson, who later became a Supreme Court Justice, when he was Attorney General to the second conference of federal prosecutors. A federal prosecutor wields the power of the entire federal government and Jackson was advising them about that power. His words have often been referred to as the pragmatic foundation for the Rule of Law under the DOJ. His words are to prosecutors but they still have meaning.

Quote:
The prosecutor has more control over life, liberty, and reputation than any other person in America. His discretion is tremendous.

Nothing better can come out of this meeting of law enforcement officers than a rededication to the spirit of fair play and decency that should animate the federal prosecutor. Your positions are of such independence and importance that while you are being diligent, strict, and vigorous in law enforcement you can also afford to be just.

Although the government technically loses its case, it has really won if justice has been done.
Seeking Justice – Addressing Prosecutorial Misconduct in the United States Legal System Blog Archive THE FEDERAL PROSECUTOR

Yes, in some cases a Supreme Court decision may have a negative result for some but if the decision results in an injustice then it's the wrong decision. Not a single word in the Constitution was ever intended to result in an injustice so if an injustice would result then the decision is a misinterpretation of the Constitution.
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