Wednesday, June 09, 2021

If You Really Want To Get Upset About Government Inaction

Forget about the DOJ taking over for Trump in the Carroll slander suit (you've got it wrong anyway) and instead follow the link and read this brief article and remember the courts are governmental entities/agents, too.  Not unlike the police or the DOJ; except this is not a case of a the courts following a statute that says they "shall" do something.  All of the matters handled in this case are wholly within the court's discretion.

Especially the part establishing what shall, and what shall not, be "precedent."  Stare decisis, like everything else in the law, is never as simple as it seems.  For context, consider how the Supremes tried not to "publish" Bush v. Gore, for reasons ostensibly similar to those employed by the 11th Circuit.  The difference being the Supremes have to publish their opinions (the whole country is watching; they sit atop the pyramid of law).  The 11th Circuit has more discretion than that.

And discretion can be abused; and that abuse does not necessarily lead to accountability.

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