On the contrary the courts make policy EVERY time they decide a case that does not have a precedent, it makes policy.

For those of you who don’t know what precedent is meant in a law case it means a previous case or legal decision that may be or ( binding precedent) must be followed in subsequent similar cases: : the decision set a precedent for others to be sent to trial in the U.S.

Simply put if the judge doesn’t have something that he can rely on in law to make a decision, the judge makes his own decision. That decision will stand and be The precedent for all subsequent cases unless the legislature enacts a law to modify or nullify the judge(s) decision.

Unless you are brain dead, that means that judge(s) made policy.

Robert

That being said, it is for me personally a drag to hear women rag on women and women rag on men or vice versa here lately, it all feels old and that’s not a judgement call about anyone in particular or agreeing/saying that the good ole GOP boys work fine for me, they don’t – but how does this put-down posturing move things ahead either – without creating more ‘you’re wrong and I’m right’ behavior and more protective posturing?

I just think it’d be more productive to just stay pon point instead of pointing the tragic finger around the table (even if name-the-group are wrong) it’s just another form of the blame game, a game I don’t play or care for. I’d love to see a more sophisticated version, where ‘real men’ and ‘real women’ can do what’s necessary to stick to the desired end game, that would have better results, no? If women want more power, then let’s go seize it, etc…Sotamayor is doing that so let’s keep up the pace of getting more OTW’s and more women in to places of real power to make real changes, and I’m from the east coast originally so I’ll end this by saying, ‘I’m just sayin’….’ btw, this is not said to minimize the prejudices suffered by everyone other than old white men of the GOP, quite the contrary….

No Name TAO, I believe if you start w/that earthoy version of a tongue at the crown of my head and work your way to my temples, over the cheekbones and down my neck, stopping at the eyes, nose and mouth, etc, etc, etc, you will find some serious varieties of ‘bacteria’ and some are tastier than others I’m sure, but you can take your time, savor them all and call it a wrap at the toes/heels, where there’s lots of the same strain of bacteria, but by all means please accommodate commander M first, I’m just another girlZ after all : )

Ciao, Zen Lill