Sunday, January 31, 2010

The Perverse Legal Views of Conservatives

































Conservative lawyer William "Col. Mustard"Jacobson is a lying jackass. Yes I realize that calling a conservative lawyer a jackass is redundant, You Disagree With Tony Kennedy (When He Reaches a Conservative Result), You Oppose the Rule of Law

Paul and I have compiled some examples of conservative academics arguing that Obama needs to be sent to Sally Quinn Reeducation Camp or something for disagreeing with an innovative constitutional doctrine just announced by a bare majority of the Court. At the time, though, I missed an even funnier argument, namely William Jacobson's assertion that by criticizing the Court, Obama was threatening the rule of law itself:

The attack on the Supreme Court exposes the intolerance of this President. The politician who campaigned and allegedly champions the rule of law actually has very little use for the rule of law when it does not advance his political agenda.

This is an...interesting argument. Let's examine some other examples of prominent public officials who, in disagreeing with decisions announced by the Supreme Court, therefore oppose the rule of law:

* "The 10th anniversary of the Supreme Court decision in Roe v. Wade is a good time for us to pause and reflect. Our nationwide policy of abortion-on-demand through all nine months of pregnancy [sic] was neither voted for by our people nor enacted by our legislators — not a single state had such unrestricted abortion [sic] before the Supreme Court decreed it to be national policy in 1973. But the consequences of this judicial decision are now obvious: since 1973, more than 15 million unborn children have had their lives snuffed out by legalized abortions. That is over ten times the number of Americans lost in all our nation's wars...Make no mistake, abortion-on-demand is not a right granted by the Constitution." --Saint Ronald Reagan, 1983
* "After a day of consideration, the McCain Campaign has decided to come out hard against yesterday's 5 to 4 decision to grant more rights to court review for enemy combatants held at Guantanamo Bay, Cuba. "The United States Supreme Court yesterday rendered a decision which I think is one of the worst decisions in the history of this country," McCain said. He went on to quote from Justice Roberts dissent in the case, rail against "unaccountable judges," and say that the courts are about to be clogged with cases from detainees."
Jacobson is a paid of member of the it is permissible for Republicans to do it, but not Democrats club. And even for a conservative lawyer he seems abysmally ignorant of the law and history.

Like a petulant child that resents being schooled in the facts, during the SOTU address right-wing conservative Justice Alito was seen mouthing the words "not true". Justice Alito’s conduct and the Court’s credibility

There’s a reason that Supreme Court Justices — along with the Joint Chiefs of Staff — never applaud or otherwise express any reaction at a State of the Union address. It’s vital — both as a matter of perception and reality — that those institutions remain apolitical, separate and detached from partisan wars. The Court’s pronouncements on (and resolutions of) the most inflammatory and passionate political disputes retain legitimacy only if they possess a credible claim to being objectively grounded in law and the Constitution, not political considerations.

.... By contrast, the behavior of Justice Alito at last night's State of the Union address -- visibly shaking his head and mouthing the words "not true" when Obama warned of the dangers of the Court's Citizens United ruling -- was a serious and substantive breach of protocol that reflects very poorly on Alito and only further undermines the credibility of the Court. It has nothing to do with etiquette and everything to do with the Court's ability to adhere to its intended function.