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Tuesday, April 7, 2009

Full Court Press: Centuries of Tort Law Abandoned

A recent case from the Seventh Circuit (covering Illinois, Indiana, and Wisconsin) shows the adverse impact that conservative judges are having on long-established law. President Obama has nominated Judge David Hamilton to fill the sole vacancy on that court. This nomination signals that the president will select highly qualified judges who will uphold our Constitution and the law to provide equal justice and protect personal freedoms for everyone in America, not just a few.

Specter of Terrorism Prompts Conservatives on Seventh Circuit to Abandon Centuries of Tort Law

"This is judicial activism at its most plain... Our own response to a threat can sometimes pose as much of a threat to our civil liberties and the rule of law as the threat itself." Dissenting judge Ilana Rovner

Is a possible connection to terrorism a good reason to throw out well-established law governing liability?

For the majority of the Seventh Circuit, when a case touches on terrorism, assumptions and generalizations will do just fine, even if relying on them requires re-inventing age-old legal rules. Read more about this case.

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