Friday, June 29, 2012

...or is there hope for the gang from SCOTUS?

If Jack Kennedy were still alive (yeah I know, he'd be 95) he would be required to pen a second edition of "Profiles in Courage" to include Chief Justice John Roberts. The Chief of the Supremes has shown more cajones with one decision than Clarence Thomas has in 22 years of pushing in Antonin Scalia's stool. Seriously, who knew? Prior to this, the biggest contribution from Chief Justice Roberts was to bring the donuts on the first Monday in October. Whether you approve of the Chief's decision or not, attention must be paid to a jurist who can find a way, in law, to do what he thought was right in practice. Scalia must have swallowed his rosary beads. The three witches of Liberalism probably offered to do Robert's laundry for a year.

The decision was such a surprise that CNN and Fox had a "Dewey Defeats Truman" moment and announced for the losing side. Memo to CNN...the adage is "Get it Right then Get it First". Naturally, Fox just assumed the decision would go against the President. In the past year they have done everything short of send hookers into the SCOTUS chambers in order to influence the decision. Roger Ailes is now rereading his "Goebbles Little Red Book of Propaganda" to see where he slipped up. Greta Van Susteren was so flustered, she forget which side of her face to talk out of.
Why was this decision such a shock? Well probably because it was the first decision handed down by the Roberts Court that took into account whether they were acting fairly. Virtually all of the previous 5 to 4 decisions (Second Amendment, Citizens United, etc.) were decided to imprint American Law with the ideology of Antonin Scalia. While Scalia communed with the ghosts of Madison and Jefferson, the law veered dangerously to the right. (It's just amazing how the Founding Fathers always seem to be supporting the Tea Party views of Justice Scalia. A cynic might think that Scalia was bending the words of the FF to conform to his will.) There's little doubt that the Scalia/Roberts Court would never have approved civil rights legislation (Brown v. Board of Ed.) or interracial marriage (Loving v. Virginia).
Now however, hope springs eternal. Considering that the Court is scheduled to hear the case against the poisonous Defense of Marriage Act and the constitutionality of voter ID laws, at least there is a chance that someone on the Court will look at fairness and common sense instead of the Federalist Papers and Fox and Friends. Roberts has shown a respect for the bizarre notion that's it's 2012 not 1789. The Founders gave us a constitution on paper as a guide not tablets carved in marble as Mosaic Law. So three cheers for Chief Justice Roberts, for he's a jolly good fellow. So what if Sam Alito and Clarence Thomas won't sit at his table for lunch anymore. All the pretty girls are at the liberal table anyway.

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