rule of law

Two Cents on Tinfoil (Chief Injustice)

U.S. Supreme Court Chief Justice John Roberts at New York University School of Law, 20 November 2015. (Photo: Rick Kopstein/ALM)

To the one, who really likes Chief Justice John Roberts?

No, I mean, sure, you know, his wife and all, but still, is there any one of us who not only isn’t disappointed by Roberts’ general unreliability but, also―in counterpoint to the proposition that one must be doing something right if everyone is complaining―comprehends his underlying legal and juristic outlook well enough to properly endorse it?

To the other, there is this:

What explains the rise of Donald Trump? The right-wing blogosphere has a theory: Trump’s success in taking over the Republican party was caused by Chief Justice John Roberts’ contempt for the rule of law.

The argument, put forth in slightly different forms in recent days by Georgetown law professor Randy Barnett and Cato Institute scholar Ilya Shapiro, goes like this:

Roberts knew that the Affordable Care Act, aka Obamacare, was unconstitutional. He even said so in his majority opinion in NFIB v. Sebelius, the case that upheld Obamacare, with Roberts casting the decisive vote. But, after declaring that Obamacare violated the Commerce Clause, Roberts invented a different constitutional argument under the taxing power to save the law, even though he knew that argument was wrong.

He did this because Roberts doesn’t believe judges should overturn laws enacted by political majorities, even when those laws violate the Constitution. Roberts in effect told conservative voters to go elect their own Constitution-trashing strongman, instead of asking courts to restrain tyrants such as Obama and Trump.

Paul Campos apparently drew the short straw over at Salon, and had to spend enough time picking through right-wing tinfoil to figure out what the hell they were saying. And while we owe him thanks, we also might beg pardon if the striking stupidity he describes seems unbelievable, a word here intended to mean, “pretty much what we expect”.

Here’s the tricky part:

The vast majority of constitutional law scholars don’t believe Obamacare violates the Constitution, but never mind that. The far loopier claim is that John Roberts, of all people, upheld Obamacare because he doesn’t believe in striking down democratically-enacted laws. This is the same Roberts who provided the deciding vote to gut the Voting Rights Act, to overturn decades-worth of campaign finance laws, and to strike down gun control legislation, to name just a few of the many cases in which Roberts has shown no hesitation to overturn the decisions of political majorities.

Er―ah … yeah. I’ll just be over in the corner, muttering to myself. Something about matters of fact and opinion.

That, and a potsherd wrapped in tinfoil wrapped in neurotic crisis.

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Image note: U.S. Supreme Court Chief Justice John Roberts at New York University School of Law, 20 November 2015. (Photo: Rick Kopstein/ALM))

Campos, Paul. “This is the dumbest Donald Trump theory yet: It’s all about John Roberts”. Salon. 13 May 2016.

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The Supremacist’s Lament

Zombie Republic: The Demon Sisters cope with the results of their plan.  (Detail of frame from Panty and Stocking with Garterbelt, episode 8, '… Of the Dead')

“Public officials are ministers of God assigned the duty of punishing the wicked and protecting the righteous.”

Win Johnson

The disgraceful derby scrambling in the wake of Obergefell has yet to settle out; with presidential candidates struggling to find ways to evade the U.S. Constitution, or taking up the notion of just calling the whole marriage thing off, an Alabama attorney named Win Johnson has appealed to Gov. Robert Bentley (R) to opt out of the U.S. Constitution. Mr. Johnson, for his part, is a state official, a director at the Administrative Office of Courts, which in turn oversees the courts for state Chief Justice Roy Moore.

It seems a striking letter; Charles J. Dean reported, for AL.com:

In harsh words and a lecturing tone, a lawyer who works for Alabama Supreme Court Chief Justice Roy Moore has written a letter seemingly directed at Gov. Robert Bentley rebuking him for saying Alabama will obey the U.S. Supreme Court ruling declaring same-sex marriage legal.

More appropriately, it really is a striking letter, so wild-eyed and seemingly irresponsible that the Souther Poverty Law Center has called for Johnson’s resignation.

And let us be clear; part of the problem with excerpting the letter is that the whole thing really is a show and a half. Christian supremacism, abdication of duty, rejection of the Constitution, and hey, even a Godwin violation just to hit for the cycle. Again, let us be clear: All for hatred in Jesus’ name, amen.

(more…)

The Netanyahu Way

Detail of cartoon by Dave Granlund, 25 February 2015, via Cagle Post.There is a lot going on, but in terms of our House of Representatives meddling in the Israeli election, there comes a point when one no longer wonders at the character of this Prime Minister. Mr. Netanyahu is beset by scandal, increasingly viewed as a bully with nothing left but to whine about how everybody should feel sorry for him, and apparently in need of foreign intervention in order to secure a new term. In other words, Benjamin Netanyahu is a disgraceful coward and, as such, perfect company for the likes of our House Republicans.

• Should we be surprised that Netanyahu’s speech before Congress is such a bad idea that he kept his own National Security Advisor in the dark? (Tikkun Daily)

• Nor should we be surprised that Netanyahu and his supporters disdain rule of law in favor of cheap politicking. (Haaretz)

• Here’s a proposition: Netanyahu undertakes cynical politics, but won’t do anything to dispel that appearance because it would be too political. (msnbc)

• Remember that no matter how much Netanyahu wants to insist that criticizing Israel crimes against humanity in Palestine is some form of anti-Semitism, Israel does not equal Judaism, and Judaism does not equal Israel. (Tikkun Daily)

And one other thing. It sometimes occurs to wonder why so many non-Jewish Americans are so interested in maintaining a Judeosupremacist state and protecting war crimes. This, perhaps, is the sickest of ironies; that support comes from our evangelical Christian sector, where many believe in something akin to premillennial dispensationalism. They need Jewish people to control Israel and Jerusalem, so that when Jesus comes home, He can kill them.

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Image note: Detail of cartoon by Dave Granlund, 25 February 2015, via Cagle Post.