Quote:
Originally Posted by cologal
Did you miss the part about there being no precedent! If there is no precendent then it is NEW law.
I am just using the same phrase that has been used so much by the right wing.
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I just finished reading all 93 pages of the SCOTUS decision, concurring opinions and dissenting opinion. For those interested, it's at
http://www.supremecourtus.gov/opinio...df/07-1428.pdf
As with most decisions where there are competing questions of law, the "what if's" tend to get lost in the sound-bite press reports and mini-analyses provided in 30-second video segments by the various media experts. The Court was clear that the only thing which was decided was a matter of Title VII law, and not any Constitutional clam. So, the Congress is now back in the position of amending Title VII to clarify beyond question what SCOTUS ruled in, and that can include
reversing through clarity the SCOTUS decision. Thus, if the hue and cry is that "SCOTUS got it wrong," the ball is clearly in Congress' field of play to change it all at Congress' leisure.
For those who are indeed open-minded, please read the decision and included opinions. After that, ask the question if the decision was indeed logical, or if "law from the bench" would have occurred had the decision been other than what was decided? It really does take a full read of the entire package, and not the selected excerpts from the right-or-left media.