28 Feb 2004 Judicial Pass it On
Thoughts from hubby David, our VP:
Everyone remembers the childhood game “pass it on.” A story is whispered in the ear of one child, who then passes it on by whisper to another child and so on. You know what happens when the child at the end of the line tells the story aloud. The resulting tale bears very little relation to the original story.
That, in a nutshell, is the problem with court decisions being based on precedents. Poor legal and constitutional judgements inevitably lead to progressively worse judgements.
That’s how rights are lost and new ones created based neither in law or constitutional authority.
What a different world it might be if courts were forced to think for themselves on every single case.
Wouldn’t it be nice to have judges who are actually judges instead of parrots?