发信人: LeoJackie (西红柿炒鸡蛋), 信区: USANews
标 题: Re: 开始旗帜鲜明的支持马凯
发信站: BBS 未名空间站 (Thu Mar 27 16:34:41 2008)
But the Kelo case merely reaffirmed the 1984 Hawaii decision and decisions
before that. The Hawaii decision was unanimous, which means Justices Burger
, Brennan, Marshall, Blackmun and Stevens joined the opinion. Interestingly
, O'Connor joined the Hawaii opinion, but dissented in the Kelo case.
Anyways, you can't say that the Kelo majority betrayed the liberal ideal.
In fact, it was the dissenting justices in the Kelo case that committed
judicial activism because they put their conservative ideal about private
property rights over judicial consistency.
【 在 Olympig (Visionaire) 的大作中提到: 】
: Totally agree.
: Even Justice Stevens himself confessed his majority opinion on this
: was correct as a matter of law, wrong as a matter of policy.
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