Fair enough, olivant. I won't pretend to be qualified to address it, although he does describe in detail how Marshall went beyond the specifics of the case. Maybe someday, you can call Levin's show & confront him w/ that...am sure he's up to the challenge.

But would you agree that that in itself, among other things outlined in 'Men In Black' and elsewhere...would address the question posed by TIS:

"...are there never any circumstances that are questionable?? Or are they always "right." Maybe a legal scholar can enlighten me, cause on the surface it sure does not sound "fair."

I would think that no one Justice on the Supreme Court is either 'right 'or wrong'...they hear the cases, reach their decisions based upon discussion and their own interpretation of 'the law', submit their writings and the final decision is still reached by a vote.

And as JFK once said, 'Life isn't fair...'