Ryan Gill ([info]montieth) wrote,
@ 2008-10-10 11:54:00
Previous Entry  Add to memories!  Tell a Friend!  Next Entry
Obama Guns, Grass roots and astro turf....
[info]sappersgt has a 2nd blog. Castrorum.Blogspot.com. He has a good post up delineating the grass roots (think of the plastic kind, you know, astroturf) movement that Sen Obama has sponsored alongside his 'support' of the 2nd amendment. [info]baikonur posted a reference to another site, Pajama's media talking about the same.

The key thing to understand is that, rather than discussing law on it's merits, Obama and the Joyce Foundation PAID for legal briefs which twist logic and history to re-paint established case law or legal principles. Such briefs are then used to support court decisions by judges deciding people's fates. One of the biggest problems we have is the Humpty Dumpty treatment of the Constitution and established law.



(Post a new comment)


[info]baikonur
2008-10-10 04:21 pm UTC (link)
He actually paid for law review issues (lawyers get paid for brief all the time!), consisting of many law review articles, which are considered secondary/persuasive authority in the legal trade. Statues and some case law have primary authority, but when that sort of authority is absent, judges and lawyers look to lower-level case law and scholarship like law review articles.

By paying law school law reviews to publish only articles with an ideological slant, Obama was calculating that when 2nd Amendment cases were litigated, the lack of case law would force judges to seek out scholarship on the issue. By tilting the amount of 'scholarship' in his ideological favor, he was hoping to effect the outcome of 2nd Amendment litigation.

(Reply to this) (Thread)


[info]montieth
2008-10-10 04:24 pm UTC (link)
As bad as that is, I think the deliberate misreading of Miller in Federal and State court decisions is 10 times worse.

(Reply to this) (Parent)


Create an Account
Forgot your login or password?
Login w/ OpenID
English • Español • Deutsch • Русский…