Pubdate: Sun, 18 Jun 2006
Source: Seattle Post-Intelligencer (WA)
Copyright: 2006 Seattle Post-Intelligencer
Author: Tim Battin


Supreme Court says don't bother to knock The Supreme Court, with the 
recent additions of John Roberts and Samuel Alito, made a ruling last 
week (Hudson v. Michigan) that ignores prior rulings with regard to 
serving a warrant upon a residence, specifically requiring the 
government to knock and announce itself. Under the legal principle of 
stare decisis, or to stand by that which has been decided, case law 
seeks stability so that we, the people, can have confidence in the 
continuing impartiality of the law.

The issue is not the facts of the case but the concept of whether or 
not the law should be stable. When testifying before the Senate in 
January, then Judge Alito said, "when a precedent is reaffirmed, that 
strengthens the precedent." Prior rulings on this issue spanned 90 
years, creating this precedent. Now, it seems, that these newest 
justices do not care if the law is perceived to be stable and 
reliable, despite their testimony at confirmation. President Bush 
warned us about "activist judges," is this ruling what he meant?

Tim Battin

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