HereÂ’s the clip.

HereÂ’s where she is right.

District courts are bound by the facts of a particular case. They are not bout broader questions of law – they are about the application of the law in a particular situation – and the interpretation of a particular judge of a particular law has no precedent value beyond that one courtroom.. The Circuit Courts (and the Supreme Court) are courts which hear appeals – and in doing so are taking a broader view of how to apply law for more than one particular case, but also for every other case that follows under that court’s jurisdiction (whether a particular circuit or the entire nation depends upon the court. As such, the rulings of an appellate court do make “policy” in a way that the decisions of trial courts do not. While her explanation is awkward, it has the virtue of being accurate – though the use of the phrase “where policy is made” justifiably sets off alarm bells for those who are concerned about activists courts.

Posted by: Greg at 10:02 AM | No Comments | Add Comment
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