|The World According to Nick|
|My take on Software, Technology, Politics, and anything else I feel like talking about.|
Tuesday, June 07, 2005
Frankly I find this post by Orin Kerr over at the Volokh Conspiracy shocking... and frightening:
This from someone who's profession is the law... who is supposedly supposed to respect the rule of law. He's saying that it's ok that the Supreme Court ruled that way because people can still disobey the federal law and they won't get caught. They'll have to fear prosecution every day of their lives, and some my opt not to use a medical treatment that can save them pain and suffering because they'll fear going to jail, but that's ok. We have the governments promise not to go after those people.
I'm sorry, but I don't accept that as a solution. Why not? Because it is at the whim and discretion of someone else. What if a new federal prosecutor comes into the area and decides to get tougher on this law? His discretion. His choice. The law supports him, and now people go to jail. I don't support any law that makes people into criminals who shouldn't be, and are merely free because of "prosecutorial discretion". Anyone who makes law their career shouldn't either. If you don't intend someone to go to jail for doing something, make sure the law actually makes that crystal clear.
Update: Orin has since back tracked a little saying that he doesn't like the concept of prosecutorial discretion either... but that it's just a reality, and that in fact the sky isn't falling because of this ruling. <sarcasm>He says something about pragmatism too. Doesn't he know that blogging has nothing to do with pragmatism? Sheesh... you're supposed to talk about what things are supposed to be like in your ideal world!</sarcasm>
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Home: Wauwatosa, WI, United States
I'm a Software Consultant in the Milwaukee area. Among various geeky pursuits, I'm also an amateur triathlete, and enjoy rock climbing. I also like to think I'm a political pundit.
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