Showing posts with label Supreme Court. Show all posts
Showing posts with label Supreme Court. Show all posts

Friday, June 29, 2018

Oh, for f***'s sake

 
We know the right has lost its mind. It's been happening for years, and the EEG finally flat-lined with the dawning of the Age of Trumpquerulous.


With all the ugliness and stupidity -- and, frankly, Nazification -- of the Republican Party, it has been all too easy to give the Loony Left a pass. Until, of course, Anthony Kennedy announced his retirement from the U.S. Supreme Court.

Now the culture wars have gone nuclear (so far just figuratively), and the prospect that somehow, at some time, Roe v. Wade might be overturned has led to widespread hysteria among those who care. Who really care. Who. Really. Really. Care.

Those who care about some women's bodies, just not those in utero. It seems the only shared belief across America's great cultural divide is that everything is a zero-sum proposition. For every winner, there must be a loser, and for every survivor, there must be a corpse in her wake.


For social liberals, dogma says "Kill your kid now. In the womb."

For social conservatives who've given themselves over to the worst devils of the GOP's nature, dogma says "What's your hurry? We can always kill 'em at our leisure after birth. And then we can blame someone else."


BUT I'M NOT HERE to talk about abortion. Or same-sex marriage. Or Obamacare.

I'm not even here to talk about the chipping-away at the Voting Rights Act and the further mischief a conservative court could inflict upon it.

I am here to stare dumbstruck at Item No. 3 on this "progressive" Democrat's Twitter laundry list of "OHMYGAW! OHMYGAW! OHMYGAW" -- Brown v. Board of Education . . .  gone? The court-sanctioned return of "separate but equal"? Jim Crow?

Really?


What the actual f***?

Do you people even listen to yourselves? Don't answer that.


And now, a message from our sponsor.


Thursday, September 15, 2016

Dispatches from Trump's Amerika


Somewhere in Bumf****, Fla., there's a principal who apparently isn't obsessed with where one half of 1 percent of the American population gets to pee.

Unfortunately, he is obsessed with using authoritarianism to foster Americanism among his students. In other words, "Love your country . . . or else." A story Wednesday from WBBH television in Fort Myers proves that you can't make this stuff up:
A Collier County principal is requiring students to stand during the national anthem at school events or face ejection. 
Lely High School Principal Ryan Nemeth told students during video announcements they'll be ejected from school sporting events if they refuse to stand for "The Star-Spangled Banner." 
Nemeth told students the issue is very important to him, and the policy applies to students at all school-sponsored sporting events. 
"You will stand, and you will stay quiet. If you don't.. you are going to be sent home, and you're not going to have a refund of your ticket price," he told them.
NEVER MIND that respect -- or love -- coming at the barrel of a gun (or the threat of being kicked out of a football game) isn't. What it is, is a lie. A Potemkin pledge. It is standing for nothing before a national symbol that half-assed dictators have turned into full-fledged idolatry.

The only legitimately American response to a half-witted, authoritarian bully like a certain Florida principal is to quite deliberately, ostentatiously and quietly sit during the Star-Spangled Banner.

And students who do will find the Constitution is on their side.

"Over a decade ago, Chief Justice [Charles Evans] Hughes led this Court in holding that the display of a red flag as a symbol of opposition by peaceful and legal means to organized government was protected by the free speech guaranties of the Constitution," Justice Robert Jackson wrote for the majority of the U.S. Supreme Court in 1943 when it decided West Virginia State Board of Education v. Barnett.
Here, it is the State that employs a flag as a symbol of adherence to government as presently organized. It requires the individual to communicate by word and sign his acceptance of the political ideas it thus bespeaks. Objection to this form of communication, when coerced, is an old one, well known to the framers of the Bill of Rights. 
It is also to be noted that the compulsory flag salute and pledge requires affirmation of a belief and an attitude of mind. It is not clear whether the regulation contemplates that pupils forgo any contrary convictions of their own and become unwilling converts to the prescribed ceremony, or whether it will be acceptable if they simulate assent by words without belief, and by a gesture barren of meaning. It is now a commonplace that censorship or suppression of expression of opinion is tolerated by our Constitution only when the expression presents a clear and present danger of action of a kind the State is empowered to prevent and punish. It would seem that involuntary affirmation could be commanded only on even more immediate and urgent grounds than silence. But here, the power of compulsion is invoked without any allegation that remaining passive during a flag salute ritual creates a clear and present danger that would justify an effort even to muffle expression. To sustain the compulsory flag salute, we are required to say that a Bill of Rights which guards the individual's right to speak his own mind left it open to public authorities to compel him to utter what is not in his mind.


REMEMBER, this ruling came in the middle of World War II. The justice continued:
Government of limited power need not be anemic government. Assurance that rights are secure tends to diminish fear and jealousy of strong government, and, by making us feel safe to live under it, makes for its better support. Without promise of a limiting Bill of Rights, it is doubtful if our Constitution could have mustered enough strength to enable its ratification. To enforce those rights today is not to choose weak government over strong government. It is only to adhere as a means of strength to individual freedom of mind in preference to officially disciplined uniformity for which history indicates a disappointing and disastrous end. 
The subject now before us exemplifies this principle. Free public education, if faithful to the ideal of secular instruction and political neutrality, will not be partisan or enemy of any class, creed, party, or faction. If it is to impose any ideological discipline, however, each party or denomination must seek to control, or, failing that, to weaken, the influence of the educational system. Observance of the limitations of the Constitution will not weaken government in the field appropriate for its exercise. 
2. It was also considered in the Gobitis case that functions of educational officers in States, counties and school districts were such that to interfere with their authority "would in effect make us the school board for the country." 
The Fourteenth Amendment, as now applied to the States, protects the citizen against the State itself and all of its creatures -- Boards of Education not excepted. These have, of course, important, delicate, and highly discretionary functions, but none that they may not perform within the limits of the Bill of Rights. That they are educating the young for citizenship is reason for scrupulous protection of Constitutional freedoms of the individual, if we are not to strangle the free mind at its source and teach youth to discount important principles of our government as mere platitudes.
WELL, this is the Age of Trump, and I suppose it's more likely than not that "to strangle the free mind at its source and teach youth to discount important principles of our government as mere platitudes" is exactly what people want out of public education today.

This is precisely why we have a Bill of Rights. Perhaps it's not so much to protect us from an abusive government but, instead, to protect us from ourselves.
 
Language of fascists, racists and morons in this video definitely NSFW

IN TRUMP'S AMERIKA, the above video displays what "love of country" comes to when severed completely from any understanding of human dignity or the principles at the core of the American republic. 

It is the principles that underlie the Bill of Rights (and the Fourteenth Amendment) that define the United States of America. Not race, not region, not class, not ethnicity and not religious affiliation, but those principles define what it means to be American.

And whether we're talking about half-witted, racist vulgarians in Massachusetts or authoritarian school principals in Florida, that shared contempt for those tenets that define us as Americans call into question the loyalty of those making "patriotism" such an issue in the first place.

Traitors are as traitors do.


HAT TIP:  Jeffrey Toobin in The New Yorker.

Tuesday, June 30, 2015

This ever-changing world in which we're livin'


For those with eyes to see, it has become rather clear that intolerance in the name of tolerance is no vice.

One circuit clerk in Mississippi is learning the hard way that acting like an adult in the face of a court ruling one finds intolerable -- and, in the process, respecting the rule of law and acknowledging the legal duties of public officials -- is no defense against accusations of thought crime.

Amid Southern governors seeking to obstruct the Supreme Court ruling mandating gay marriage in all 50 states by asserting that public officials' religious rights trump their duty to uphold laws with which they disagree, Grenada County Circuit Clerk Linda Barnette did an intellectually honest thing -- and in the process gave the rule of law its proper due -- when she determined she could not in good conscience as a Christian issue marriage licenses to homosexual couples. She resigned.

In a letter to the board of supervisors, Grenada County Circuit Clerk Linda Barnette announced her resignation on Tuesday, citing the Supreme Court's decision to legalize same-sex marriage.

Barnette has been the circuit clerk for 24 years, and announced that her resignation is effective immediately.

"The Supreme Court's decision violates my core values as a Christian," she wrote. "My final authority is the Bible. I cannot in all good conscience issue marriage licenses to same-sex couples under my name because the Bible clearly teaches that homosexuality is contrary to God's plan and purpose for marriage and family."

Barnette has not yet been available to take phone calls.

"I want to thank the citizens of Grenada County for giving me the honor of serving as their circuit clerk," she wrote.

Aquaintances said Barnette's husband is a pastor who worked with Billy Graham Ministries for many years.

"I choose to obey God rather than man," Barnette wrote.

Grenada County voter Lue Harbin said she is disappointed in Barnette's decision. She said she has voted for Barnette in every election since she got out of the Army in 2001.

"I was kind of shocked, I don't know her personally but I never thought she was that way," Harbin said. "She's given marriage licenses to people who have committed adultery and stolen and lied, and when their parents haven't approved... it's just crazy the way she's thinking. That's her job and she's not there to judge people."
OUT OF RESPECT for both the law and her God, this wife of a pastor willingly sacrificed a post she'd held for 24 years. She now is unemployed.

But that's not enough for the forces of tolerance, who see Barnette's crime as having thought the wrong things in the first place. From the Facebook  blog Drop of Blue in a Sea of Red:
It's so funny. They only want separation of church and state when someone does anything involving the church, but when it's purely governmental (IE THE CONSTITUTION AND ITS AMENDMENTS) they lose their fucking minds and cannot separate the two. "Oh my stars and garters, this here goes against my religion!" Fuck you. You're functioning as a state employee, not as a church employee.

When I say funny, I really mean it's sad. But, it's also kind of amusing. All these bigoted, hateful people are going to die alone, as bigoted, hateful people. They will forever be known as bigoted, hateful people. I can only hope that if there is a God, that upon their arrival to those pearly gates, St. Peter points to a sign that says 'No Homophobes Allowed'.

Now look, I'm all for standing up for your beliefs, no matter how outdated or misplaced I think they are. That's really not my business. But your beliefs have no place interfering with your ability to function at your job, especially as a state employee.

So, goodbye, Linda Barnette, former Mississippi Circuit Clerk. I hope you wallow in your misery as the rest of the world comes together and works towards true equality.

"TRUE EQUALITY." Heh. Translate that as "Truly, some are more equal than others, and why don't traditional Christians just die already?"

"Live and let die." Maybe that, in the name of truth in advertising, should be the new inscription on the Great Seal of the United States. Obviously, the day of "E pluribus unum" has come and gone . . . in a puff of rainbow smoke.

And the unceremonious demise of "In God we trust" as our national motto goes without saying.


***
 
UPDATE: I forgot this one going around Facebook. Just what we all need, to take our moral guidance from "Stone Cold" Steve Austin. Because wrestlers are so much more authoritative on these things than, you know, Jesus . . . or the Bible . . . or the pope . . . or catechisms . . . or the great philosophers and saints.

Because stupid.

Monday, June 30, 2014

Pay for this. Why? None of your business


Planned Parenthood is absolutely right. Generally speaking, whether you're on The Pill or whatever is none of my business.

I really don't want to know.


If you're expecting me to pay for your contraception, however -- particularly if doing so causes me to bankroll what my religion defines as explicitly sinful -- that makes it my business, and the sex-obsessed cultural left cannot accept that it can't have it both ways. The Constitution may give you the right to ostensibly consequence-free screwing, but it doesn't give the state the right to put a gun to some others' heads and force them to violate their sacred conscience to bankroll what they believe is morally -- and mortally -- wrong.


When that freedom of conscience is eradicated, every other freedom we possess will go with it -- including, eventually, your freedom to have sex to your heart's desire, whether you want it to end in a child or not. If your enthusiasm for contraception isn't your boss' business, it's not the state's either. If you have the state making it your boss' business -- at least as far as funding it is concerned -- it has just become Big Brother's business in spades, and that violation of "privacy" won't end well for you or for anyone else,

HEALTH CARE in general is another matter. That's everyone's business, and society has a vested interest in not having people drop dead for lack of it. Thus, we try to provide maximum access to medical care while attempting to construct firewalls between the state and your human rights -- and dignity.

That is the morally correct, and practically smart, thing to do.

It's a trade-off that we fervently hope doesn't blow up in our liberty loving faces. On the other hand, forcing some individuals to violate their conscience to protect other individuals from the logical consequences of unfettered intercourse is neither fair nor sustainable from a human-rights perspective.

Again, you can't have it both ways. I'd suggest that Planned Parenthood declare victory and stop emoting patently illogical claptrap.

No one is going to croak because Hobby Lobby -- or the Catholic Church, for that matter -- doesn't pay for her birth-control pills. But if the perpetually alarmed folks at Planned Parenthood (or those folks who love them) want to provide that stuff for free, knock yourselves out.

It's a free country. For now.

Thursday, June 28, 2012

'Without a doubt . . .' karma's a bitch


Boy, oh, boy, did
CNN blow it on the Supreme Court's ruling on the health-care reform law.

I consider this -- along with the cable network's collapsing prime-time ratings -- to totally validate the concept of karma. The universe could have forgiven one Anderson Cooper-Kathy Griffin pairing on New Year's Eve, but not two. And especially not annual ones.

"But without a doubt, the individual mandate, which has been the polarizing centerpiece of the political and policy debate over health care, the justices throwing that out is a direct blow to the president of the United States," said CNN's John King, "a direct blow to his Democratic Party, and this is a victory, if you will, for conservatives."

NOTE: NSFW language at video's end

And karma, as we all know, is a bitch.

"Wow, that's a dramatic moment," to quote Wolf Blitzer as he enthused on hearing the initial, horribly wrong word from reporter Kate Bolduan.

Oh . . .
Fox News Channel got it spectacularly wrong this morning, too. Karma has been busy.

Be good, people. Is what I'm saying.

Friday, January 22, 2010

What hath SCOTUS wrought?


There is such a thing as too-free speech. Especially when it comes to big business and politics.

With the U.S. Supreme Court allowing corporate America to throw its money behind candidates directly -- as in running campaign advertising -- elections won't become just another opportunity for electing the best Congress money can buy. Nooooooo, elections will become major branding opportunities, too.

We only have to go back to 1948 to see what that looks like. Then, when ABC radio personality Don McNeill was "running" for president, Swift saw it as just another opportunity for (ahem) bringing home the bacon.

We never learn, do we?

Wednesday, June 25, 2008

Bobby Jindal: Cafeteria Catholic

Louisiana Gov. Bobby Jindal is furious that the U.S. Supreme Court told his state, "No, you can't execute child-rapers," but plans to do nothing about it -- beyond affecting outrage in a bid to placate Bubba -- so the justices have no excuse to strike down his reform agenda.

WHAT THE GUB'NA has failed to address is that Louisiana's penchant for killing murderers -- and trying to kill those who rape kids -- seemingly has done nothing to lower the stratospheric rate at which its citizens assault, maim, bugger and slay one another. In a state where life already is cheap, government policy has been to make it even cheaper by dispensing death sentences like so many Chiclets out of a penny gum machine.

And in a state where educational achievement has always lagged, Louisianians never have figured out, exactly, that death + death = more death. Not respect for life.

Neither have they figured out that kiddie rape + death = one dead rapist plus a lot more live ones in the pipeline. Death is no "deterrent" to people already sick enough to rape children. And the state's murder of killers and rapists capable of being punished and removed from society without use of the death penalty is not justice . . . or punishment.

It is vengeance. The modern state has no business in the vengeance business. The vengeance business is the monopoly of the Almighty.

YOU'D THINK SOMEONE who styles himself as
something of a Catholic apologist would know that. And you'd think that someone who goes around writing essays about the Catholic Church being The Church would pay a little bit more attention to its clear teaching:

2265
Legitimate defense can be not only a right but a grave duty for one who is responsible for the lives of others. The defense of the common good requires that an unjust aggressor be rendered unable to cause harm. For this reason, those who legitimately hold authority also have the right to use arms to repel aggressors against the civil community entrusted to their responsibility.

2266
The efforts of the state to curb the spread of behavior harmful to people's rights and to the basic rules of civil society correspond to the requirement of safeguarding the common good. Legitimate public authority has the right and the duty to inflict punishment proportionate to the gravity of the offense. Punishment has the primary aim of redressing the disorder introduced by the offense. When it is willingly accepted by the guilty party, it assumes the value of expiation. Punishment then, in addition to defending public order and protecting people's safety, has a medicinal purpose: as far as possible, it must contribute to the correction of the guilty party.

2267
Assuming that the guilty party's identity and responsibility have been fully determined, the traditional teaching of the Church does not exclude recourse to the death penalty, if this is the only possible way of effectively defending human lives against the unjust aggressor.

If, however, non-lethal means are sufficient to defend and protect people's safety from the aggressor, authority will limit itself to such means, as these are more in keeping with the concrete conditions of the common good and more in conformity with the dignity of the human person.

Today, in fact, as a consequence of the possibilities which the state has for effectively preventing crime, by rendering one who has committed an offense incapable of doing harm—without definitively taking away from him the possibility of redeeming himself—the cases in which the execution of the offender is an absolute necessity "are very rare, if not practically non-existent."

[Emphasis mine -- R21]

INSTEAD, THIS is what we get from Louisiana's holier-than-thou chief executive, who suddenly discovered the joys of "cafeteria Catholicism," where you get to pick and choose the moral truths that suit you:
"I am outraged by the Supreme Court's decision. It is an affront to the people of Louisiana and the jury's unanimous decision in this case. The opinion reflects a clear abuse of judicial authority, trampling the constitutional authority of states to act through the legislative process. The Court found, 'there is a distinction between intentional first degree murder on the one hand and nonhomicide crimes against individual persons, even including child rape, on the other. The latter crimes may be devastating in their harm, as here, but in terms of moral depravity and of the injury to the person and to the public, they cannot be compared to murder in their severity and irrevocability.'

"The Supreme Court is dead wrong. It is fundamentally improper for the Supreme Court to base an important decision like this on its 'independent judgment' about a perceived 'national consensus against capital punishment for the crime of child rape.' The opinion reads more like an out-of-control legislative debate than a constitutional analysis.

One thing is clear: the five members of the Court who issued the opinion do not share the same ‘standards of decency' as the people of Louisiana. One Justice said that 'the death penalty is not a proportional punishment for the rape of a child.' That is incredibly absurd. The most repugnant crimes deserve the harshest penalties, and nothing is more repugnant than the brutal rape of an eight-year-old child.

We will evaluate ways to amend our statute to maintain death as a penalty for this horrific crime."
IF SOME SICK S.O.B. brutally raped a daughter of mine, would I want him dead? Would I be capable of killing him myself, in cold blood? Probably so.

And I would expect that, in a civilized and just world, I would be arrested and put away for a long, long time. My desire to see that rapist dead -- and my ability to make it a do-it-yourself project -- is not a reflection of my goodness, but instead of what a fallen, wretched and sinful creature I am.

The state exists to help save me from myself and -- failing that -- to save others from my baser instincts. Even crooks.

When the state decides it's against only some baser instincts -- and not only that, but decides it will codify some of our baser instincts . . . provided they're carried out only against the "right" people -- the barbarians no longer are at the gate, but are running the show.

You'd think that an Ivy League-educated, Catholic-apologist governor would know that. But, like his empty promises of "transparency" and "reform," that would be just another "bridge too far."