Monday, August 02, 2021

Justice Delayed Is Justice Denied

 

The Legal Maxim, “Justice Delayed Is Justice Denied”, has been around a long time. It goes back at least as far as the Magna Carta of 1215 where Clause 40 reads, "To no one will we sell, to no one will we refuse or delay, right or justice”.

Just because we have a Legal Maxim pointing us toward the Speedy Administration of Justice does not mean we are all walking around saying, “Wow! That was quick!” Other factors are at work to slow things down...

  • The guy who invented, “I object!” played a big part in delaying the Wheels of Justice.
  • "Hold on a minute, let’s not get the Cart before the Horse!" was important also.
  • Today’s biggest delaying tactic is, “Your honor, Football Season is about to start. I request a Continuance until after the Super Bowl”.

However, there are some instances where the Legal System jumps right in the middle of itself and works at lightning speed like when Abortion is the Issue.

For example, the State of Mississippi passed a law that prohibited abortions at 15 weeks of gestation. This Blog Posting is not a discussion of the right or wrong of this Mississippi Law but it is about the sometimes swiftness of the Administration of our Legal System. Here are the Bullet Points... 

  • Mississippi’s law was passed March 8, 2018.
  • Less than an hour after the signing, it was challenged by the Jackson Women’s Health Organization (the only abortion provider in the state)... (Boy! That was quick!)
  • The law was blocked by a federal judge from taking effect the following day... (Man o Man! That was quick!)
  • In November 2018 that same judge struck down the law as unconstitutional.
  • The state of Mississippi appealed, but in December 2019 the New Orleans-based Fifth Circuit Court of Appeals upheld the judge’s decision.
  • The very next month, January 2020, the Full 5th Circuit Court denied the state’s request for a rehearing...
    >The law, which prohibits health-care providers from performing, inducing, or attempting to perform an abortion on an "unborn human being" if 15 or more weeks have passed since a woman’s last menstrual period, was "unequivocally unconstitutional", the trial court said.

That’s only 22 months. Did you just say, “That sounds like a long time”? Not in the world of Justice and Justice Delaying. For example, death-sentenced prisoners in the U.S. typically spend more than a decade on death row prior to exoneration or execution. Some prisoners have been on death row for well over 20 years.

So here comes the Yea But Bullets...

  • Yea but this is about Abortion!
  • Yea but we must act quickly when it comes to Abortion Decisions!
  • Yes but if we did not act quickly, we might be accused of Delaying a Late Term Abortion Decision!

Would I kid u?

Smartfella

 

1 comment:

Anonymous said...

Abortion will not be overturned by the lower courts.