Originally posted by Topper
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2) In response to others: I don't think scientists are morally superior to attorneys. What I'm saying is really quite simple. When All-American goes off with all sorts of legal mumbo jumbo in an attempt to explain why Myriad Genetics should be able to patent a gene that could be sequenced in an infinite number of ways, it's just another lawyer is expressing an opinion and trying to persuade based on bad information. In reality, this is a matter of where a judge thinks a line should be drawn. Our society has decided to let non-scientists draw those lines on matters of science and non-doctors draw lines on matters of medicine. This drives me bonkers. If genuine scientists had drawn the lines, then Myriad wouldn't have ever had those patents.
When it comes to gay marriage, it's a matter of where the line should be drawn when balancing the rights of a minority, the interests of a state, and the interests of the federal government.
When lawyers stand in front of the supreme court, they make arguments for how the court could use precedent to make their decision and what the perceived consequences of their decision might be. Judges end up forming opinions based on a combination of what they think is right and what they think is defensible based on precedent and the constitution. Lawyers make arguments based on what their clients want or need. That is the nature of the process. It's all just a matter of opinion and persuasive writing that is often misinformed or partially informed. Am I wrong?
I am frequently disturbed by the certainty with which lawyers and judges express themselves on matters of opinion. I love Robert Shelby, but I'd respect him even more if he just wrote: I think gay marriage should be legal, so I am striking down this law. I think the US constitution is in line with with my opinion, and the supreme court has established precedent that gays must be treated with dignity (citation). So I'm going to make gay marriage legal by striking down this law. End of opinion.
Instead they feel some sort of obligation to write a novella. Then the appellate court writes their own novella, and so on. I like reading these novellas for entertainment purposes, but it's really just a bunch of goofy persuasive writing.
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