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Originally posted by joewalker
Lying? Harsh words fella. Im hurt, though, unlike your other statements I'm sure you can back that up.
Originally posted by joewalker
Apparently, threatening to call the Police for a non existant crime (as the defendent did) is now assault pmpl.
Originally posted by joewalker
And yet the defendent was charged with harassment. You failed to answer earlier, but who decides what charges a suspect will face?
All are expected to remain impartial and judge based on the law itself.
The Judge made an error when he disregarded state law concerning assaults, and instead state the man has a right as a Muslim to attack him for insulting Mohammed. Under US law its not permissible to assault another person unless done so in self defense.
Originally posted by joewalker
reply to post by DenyObfuscation
All are expected to remain impartial and judge based on the law itself.
Supreme Court Justice Scalia has cited the Talmud before, unlike the Judge in this case who of course referenced the Constitution.
Go figure.
Originally posted by LErickson
reply to post by Chickensalad
I am not sure your understand of Sharia law is going to help in this context. It seems almost no one on ATS actually knows what Sharia law is. Mainly I say that because nothing in this thread has anything to do with Sharia law and to bring it up makes it appear that people hear Muslim and just respond.
Originally posted by joewalker
reply to post by Xcathdra
Eight hours on and Im still waiting for you to post where the Judge invoked sharia in his decision. Most people understand why the charge was thrown out...even Jonathan Turley accepts there could be confliction in the evidence.
While I think the Muslim gentleman needs to realize he is no longer living in a country where that kind of behavior is acceptible
Originally posted by joewalker
reply to post by Xcathdra
Splitting hairs X, A supreme Court Justice sought guidence from a religious book, or least a book based on religious decisions.
The Judge in this case sought guidence in the Constitution and nowhere else, despite unfounded accusations to the contrary from posters less able than your good self.
Dissenting opinions - Chief Justice Roberts
In his dissent, Chief Justice Roberts wrote that the majority decision would have dire consequences for "public confidence in judicial impartiality."[7] The dissent also emphasized that the "probability of bias" standard formulated by the Court was excessively vague and discretionary.
Chief Justice Roberts noted that previously the Supreme Court had recognized only two situations in which the 14th Amendment’s Due Process Clause disqualified a judge. Specifically, when “the judge has a financial interest in the outcome of the case, and when the judge is trying a defendant for certain criminal contempts.” Chief Justice Roberts contrasted the objective nature of these situations to the completely subjective inquiry required by the “probability of bias” standard.
Chief Justice Roberts noted for example that the “probability of bias” standard gave no guidance to determine how much of a contribution was disproportionate, how long any putative bias on behalf of a particular judge could be construed, or whether a sitting judge might potentially exact a “debt of hostility” from litigants who did not contribute to his campaign.
Dissenting Opinion - Justice Scalia
In a separate dissent, Justice Scalia notes that the uncertainty described by Chief Justice Roberts would permit 14th Amendment Due Process claims asserting judicial bias “in all litigated cases in (at least) those 39 States that elect their judges” and that “Many billable hours will be spent in poring through volumes of campaign finance reports, and many more in contesting nonrecusal decisions through every available means.”
"A Talmudic maxim instructs with respect to the Scripture: “Turn it over, and turn it over, for all is therein.” The Babylonian Talmud, Tractate Aboth, Ch. V, Mishnah 22 (I. Epstein ed. 1935).
"Divinely inspired text may contain the answers to all earthly questions, but the Due Process Clause most assuredly does not.
"The Court today continues its quixotic quest to right all wrongs and repair all imperfections through the Constitution.
"Alas, the quest cannot succeed—which is why some wrongs and imperfections have been called nonjusticiable. In the best of all possible worlds, should judges sometimes recuse even where the clear commands of our prior due process law do not require it? Undoubtedly.
"The relevant question, however, is whether we do more good than harm by seeking to correct this imperfection through expansion of our constitutional mandate in a manner ungoverned by any discernable rule. The answer is obvious."
Originally posted by newcovenant
reply to post by Xcathdra
I live here and my ideals were shaped here and they include tolerance and respect for others.
This is America and we are supposed to be better than that.