SCOTUS: Video game ban unconstitutional

And yet it turned down a law that a legislature passed. It also could have upheld it. Both traditional scotus actions. Why is the decision made so right compared to the other possible decision?

And on my bewilderment about the porn/violence issue: Why is there an apparent societal mandate to legally limit access to Debbie Does Dallas but not to Hostel?

 

Really? The Supreme Court seems more like a third political body to me, especially this court.

 

Because one decision would be upholding precedent and one would be overturning precedent. The idea that courts must respect precedent whenever possible is extremely important.

It is weird.

 

Because of the First Amendment.

I don't understand your objection at this point. Every case doesn't have multiple solutions, either as valid as the next. There is a framework of existing doctrine that limits the decision. There are facts of the case that limit it, as well. It's not a coin flip and it's not a policy decision.

 

It may stray into that area from time to time.

But the criticisms on this thread seem to be focusing on how they voted in light of how we would have preferred them to vote if they were legislators, not how they should be applying the law as Justices.

If you want to criticize the ruling, criticize it as a legal ruling that contradicts the Constitution.

 

Yeah, Dick, the First Amendment, which like all amendments is not absolute. Now you're just talking in 101 platitudes.

 

Of course it's not. Dooley, I've explained over and over and over again on this thread where the First Amendment diverges on these issues, why it does, and how that dictated this 7-2 result. You just don't like the answer. When I say, "Because of the First Amendment," I in no way mean that the First Amendment is absolute. But I do mean that there is established doctrine that the Court is obligated to follow.