Law Is Politics ; Politics Is Law (July 7, 2014)

. . .

L1          “Based on tradition, Justices are seated by seniority from the center outward on both sides.  Based on current practice, Justices should sit on each side of the political aisle.  The five Republicans should sit on the right wing and the four Democrats should sit on the left wing.”

. . .

L1          “The right wing majority of the Supreme Court reinvigorated its campaign to undermine abortion rights, fox hole by fox hole.”

L2          “They are sly as a fox about it.  When notes are later released, someone may discover that the left wing minority was either intimidated by the right wing or made a concession to the abortion opponents to avoid an even more dishonest opinion by logrolling their votes for less damaging language.”

L1          “Logrolling.  You have got to love it.  Politicians behaving like politicians.”

. . .

L1          “The right wing of the Supreme Court reaffirmed the two-part First Amendment test:  ‘1) Who is making the expression? and 2) What is being expressed?’  That is not what the Founding Fathers intended.”

L2          “The left wing may have used ‘Substantive Due Process’ to shape policy in the past.  The right wing is using the First Amendment to advance its political agenda and silence its critics.”

. . .

L2          “In some cultures, hypocrisy is the greatest crime.  The Supreme Court strikes down a reasonable 35-foot barrier between abortion protesters and those going into a facility after imposing a more than 200-foot buffer around the Court and enforcing it with the Court’s own private army paid for with public funds.”

L1          “What if protestors stood outside Scalia’s house and shouted that he is a ‘fibber’?”

. . .

L1          “The right wing of the Supreme Court underpins its decision on recess appointments on separation of powers doctrines and yet undermines the most fundamental separation of powers.  The Supreme Court – the judicial branch – defined and delineated legislative activities to undermine executive power.”

L2          “Would the Court have reached that decision if the President were a Republican.”

L1          “Maybe not.  Look in the footnotes of the decision for an exception for a Republican President.”

L2          “Look at Bush v. Gore for precedent.  Law is all politics today.”

. . .

Bumper stickers of the week:

Do gay corporations have the constitutional right to engage in mergers and acquisitions or merely civil unions?

There is no law; there is only ideology.

The Supreme Court – The Legislature on the east side of First Street


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