Two Judicial Standards

As I was listening to conservative talk radio on my drive home this evening, the juxtaposition of a couple of items caught my attention.  I wasn’t really going to post on it, because I thought the information might be just so self evident, but then I reconsidered.

The two items were as follows:

First the recent Appeals Court decision on the decision by a federal judge to call a halt to federal funding for stem cell research which involved the creation and destruction of human embryos for simply that purpose, in response to the suit brought against those who would do this illegal thing.  The appeals decision was to allow the research to resume until the full process could review the case.  As posited in current federal law that federal funding of this research is illegal, and the lawsuit was brought to uphold the law and halt the funding for research which was therefore illegal.  The law was passed by Congress, and as far as I know, there have not been any successful challenges brought against it since it was passed.  The only thing which contradicts the law, is an unlawful executive order by POTUS.

The second case in contrast is the current state of SB1070, which has been halted in most of its major functions until the case can be heard fully in court, and a decision rendered on the *constitutionality* of it.  This is despite the oft debated but never refuted fact that it does in fact mirror exactly the federal version of the law, which again as far as I can recall, has never been successfully challenged in court or deemed *unconstitutional* to date.  It stands in addition to many state’s laws which match or exceed the federal law on this topic, which have also not been challenged, and so there is no outstanding question on the legality of their provisions.

Therefore, my *duh* moment went something like this:  Leftist/Statist Courts>Favorable Leftist Decision/Illegal or questionable Executive Order>Allow the *bad* thing to go on happening even if already illegal>until they/judges get around to making another decision about it.  Leftist/Statist Courts>Conservative/People’s Decision>Stop the *good* thing from being enacted>until they/judges get around to figuring out how to stop it.



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