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biochemistry
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join:2003-05-09
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biochemistry

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Surprised?

Did anyone really think a bunch of old people would have enough insight into modern technology to vote any other way?

atcotr
@65.60.144.x

atcotr

Anon

You're being very ageist. I think they understood the issues legally
APG
Premium Member
join:2007-01-13

APG to biochemistry

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to biochemistry
That average age of the Supreme Court is lower than the average age of the Rolling Stones.
biochemistry
Premium Member
join:2003-05-09
92361

biochemistry

Premium Member

All I am saying is that until younger tech savvy people take the bench and congress, we will continue to have rulings like this and 95 years on copyright which is unconstitutional to any reasonable person.
rradina
join:2000-08-08
Chesterfield, MO

rradina

Member

I don't think being "old and technically out of touch" had that much to do with it. It seems the majority felt what Aereo is doing is wrong. In my opinion Breyer legislated from the bench and made a big mess with the "looks like cable, it must be cable" methodology. They recognized the technical differences but dismissed them because of the old "we'll do what's right" crap. Even though in Scalia's dissent he agreed Aereo shouldn't be allowed to do this, he wasn't convinced copyright law clearly prevents it. He went on to suggest it could be a loophole and that Congress should close it if they so desire.

The courts job isn't necessarily to do what's right. Too often the "right" thing is subjective ideology. The court should rule based on principled methodologies. If the law isn't clear, they shouldn't invent new meaning with "looks like a duck, quacks like a duck, it must be a duck" volition because they think it's the "right" thing to do.
openbox9
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join:2004-01-26
71144

openbox9 to biochemistry

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Courts interpret laws. You rightfully call out Congress for its ineptitude, but I don't see how the SCOTUS failed.