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Judges don't pass laws, but they can create plenty of loopholes out of thin air. Qualified Immunity doesn't exist in any statute (to my knowledge), but it is a de facto legal standard, for one example.
Because there isn't a law about it. What we need is a legislative that actually does their fucking job.
There is a law about it.
http://web.archive.org/web/20230520080201/https://www.nytimes.com/2023/05/15/us/politics/qualified-immunity-supreme-court.html
And if the 1982 SCOTUS had been given the full text of the relevant law, then QI would have never happened. It is expressly illegal according to the full text of Section 1983
Well… yes and no. Judges can and do blatantly ignore law and impartiality. To wit: Judge Cannon, who successfully completely stymied any meaningful prosecution of orangeboi, in a series of legal decisions that were overtly partisan and biased.
http://web.archive.org/web/20230520080201/https://www.nytimes.com/2023/05/15/us/politics/qualified-immunity-supreme-court.html
And if the 1982 SCOTUS had been given the full text of the relevant law, then QI would have never happened. It is expressly illegal according to the full text of Section 1983