07.08.2014 Views

The rule of law is the foundation of a free and secure people

The rule of law is the foundation of a free and secure people

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For example, several years ago a woman was awarded two million dollars in<br />

damages against McDonalds when she spilled c<strong>of</strong>fee on her lap. <strong>The</strong> headlines made<br />

us all wonder: Two million dollars for a c<strong>of</strong>fee spill? Where do I sign up? And, in any<br />

case, how could McDonald’s be at fault? She <strong>is</strong> <strong>the</strong> one who spilled <strong>the</strong> c<strong>of</strong>fee!<br />

From what you’ve heard so far, how many <strong>of</strong> you think that <strong>is</strong> an outrage?<br />

[ra<strong>is</strong>e your h<strong>and</strong>]<br />

[wait for show <strong>of</strong> h<strong>and</strong>s]<br />

“Now,” as Paul Harvey said, “for <strong>the</strong> rest <strong>of</strong> <strong>the</strong> story.”<br />

If we read beyond <strong>the</strong> headlines we find that <strong>the</strong> woman suffered third degree<br />

burns, was hospitalized for eight days, <strong>and</strong> underwent skin grafting. <strong>The</strong>n we learn<br />

that McDonalds served c<strong>of</strong>fee at a higher temperature than its competitors, <strong>and</strong> had<br />

received more than 700 complaints about that high temperature. And, finally, we<br />

learn that McDonald’s made payments to folks who had been injured by its scalding<br />

c<strong>of</strong>fee in <strong>the</strong> past.<br />

In short, McDonalds knew its customers were being injured. Still, it kept its<br />

c<strong>of</strong>fee at <strong>the</strong> same high temperature. Why? Because <strong>the</strong> higher temperatures improved<br />

sales <strong>and</strong> increased pr<strong>of</strong>its.<br />

Once you have more facts <strong>the</strong> outcome doesn’t seem quite so outrageous.<br />

Having impartial judges means having judges that wait until <strong>the</strong>y have heard<br />

all <strong>of</strong> <strong>the</strong> relevant facts <strong>and</strong> reviewed <strong>the</strong> <strong>law</strong> before making a ruling in any particular<br />

case. You have seen judges facing confirmation or running for election being asked<br />

“how would you decide?” th<strong>is</strong> or that <strong>is</strong>sue. And you may have been surpr<strong>is</strong>ed to hear<br />

<strong>the</strong>m say: “I can’t answer that question.” That <strong>is</strong> <strong>the</strong> <strong>rule</strong> <strong>of</strong> <strong>law</strong> in action – <strong>the</strong><br />

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