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Old 10-15-2017, 3:10 PM
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The problem with these types of cases is what we knew from the beginning: judges can make each side fit their narrative, so whoever has the numbers wins. No different than stacking the Supreme Court.

Back to this case, sure there are "holes" in the plaintiff's argument, but the holes are there only because the court has adopted a framework that creates these holes so the defendants can win. Claiming that the "holes" are somehow fundamental and not a consequence of the arbitrary nature of the court is disingenuous. There were holes in the desegregation arguments and the courts upheld it. Until they didn't.

The only good coming out of these types of decisions is the understanding that this has nothing to do with the law and everything to do with the ideology. Put enough judges on a court and all of this is reversed. The battle is no longer to make a case in the court, but to make the court to fit the ideology.

Can't wait to see "living constitution" judges and justices appointed. No, not the hard left ideologues, but the far right ideologues. Staying true to the principles has only hurt us in the past. Time to start playing the big boys' game. Please proceed, Mr President...
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