Friday, October 20, 2006

Grandiose Assertions of Legal Positivists: Hamdan

P-Mac finds a wonderful little nugget with a very familiar theme:

“In Hamdan, the court moved to sweep aside decades of law and practice so as to forge a grand new role for the courts to open their doors to enemy war prisoners. Led by John Paul Stevens and abetted by Anthony Kennedy, the majority ignored or creatively misread the court's World War II precedents. The approach catered to the legal academy, whose tastes run to swashbuckling assertions of judicial supremacy and radical innovations, rather than hewing to wise but boring precedents."

It would also be "boring" for me to pull up all my posts warning of the Positivist Revolution endorsed and promoted by the Lawyer Class (but not shared by all of them.) However, the local examples (Screechin'Shirley & Co.) were highlighted by none other than Diane Sykes. Another localized example is the Mass Supreme Court, which found against natural law to positively approve homosexual relations.

Nationally, we still have the single most perverse Positivism--Roe v. Wade. It's hard to beat that one, war or no war.

No comments: