taxigirl
DP Veteran
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- Feb 10, 2012
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That's fine... I don't agree. SCOTUS is not infallible.
My point here is that Mensch was using the correct legal terminology (legalese). Arbitrariness in a legal judgement is a decision made at the discretion of the judge, not one that is fixed by law.
SCOTUS has determined that by the legal meaning of arbitrary, that the DP is applied in an arbitrary manner. I understand that they are not all-knowing, they are however, charged with the final decisions on the DP. I posted two separate links to show you that it is not just SCOTUS who see it as arbitrary, but a large portion of the law community.