Archive for the Courts Category

The Illegitimate Institution Unpacks After “Beach Week”:  Time To Start Packin’ The Court (October 1, 2018)

Posted in Courage, Courts, Supreme Court on October 1, 2018 by e-commentary.org

. . .

K          “There is a cancer in the current Court.”

J          “The current Court is the cancer.”

. . .

K          “I do believe Dr. Blasey Ford.  I do not believe Brett Kavanaugh.”

J          “I do not believe Brett Kavanaugh.  I do believe Dr. Blasey Ford.”

. . .

K          “Thomas has confirmed the claims of those who claimed that he is unqualified.  He doubled down on the incompetence out of spite.”

J          “Gorsuch is occupying the ‘Stolen Seat’ without any reservation or compunction.”

K          “And the ‘American Psycho’ is set to assume the third illegitimate seat.”

. . .

K          “Why not?  The argument is that if you do it, they will do it.”

J          “So be it.  Something must be done.  Do it.  Pack it.”

. . .

K          “Only a few Americans realize that the appointments are not for life, they are ‘during good behaviour.’  They are behaving badly.  They need to go.  The Democrats need to present a coherent vision and future and then start impeachment hearings against the illegitimate Justices.”

J          “But the Democrats are weak, effete, feckless and craven.”

. . .

J          “Kavanaugh is ethically obligated to recuse himself from any case involving the Democratic Party, the ACLU, any left wing group broadly defined, voting cases, partisan gerrymandering cases, claims involving Presidential immunity and authority, the Environmental Protection Agency and global climate change, immigration, and other issues.”

K          “Or Roberts must preclude him from participating and deciding.  Someone needs to keep track of any cases in which he participates and later when the forces of light are in control to issue an omnibus order holding all of the holdings void ab initio.”

J          “Each failure to recuse himself is a separate impeachable offense.”

. . .

J          “He observed that if you gave some credence to packing the Court, you would not get into Yale.”

K          “That’s the heart of the problem.  That’s the game in America.  Kavanaugh was angry and frustrated that the ordinary people did not understand that because he got into Yale, all his sins and transgressions were forgiven.”

J          “Secular redemption in today’s America.  Perhaps part of a comprehensive solution is to close Yale and to close Harvard, convert the dorms into low income housing and use the funds to create a great educational institution open to individuals with intellect and integrity and the oft-forgotten . . . character.”

J          “And closed to those who do not have character.”

. . .

K          “Any chance that the Senate will do right?”

J          “Not.  A.  Chance.”

. . .

[See the e-commentary at “Is Kavanaugh Qualified? (July 30, 2018)”, “KavaNaugh(t): Naught.  Oh, and Happy Women’s Equality Day! (August 27, 2018)” and the e-commentary under the Categories “First Monday In October” and the “Supreme Court”.]

Bumper stickers of the week: 

Kavanaugh Calendar:  June 5, 1982:  “Achievment Tests”

B     E     A     C     H          W     E     E     K

Five Red Robes Trump Four Blue Robes

My child is a courageous law professor

The Truth has no statute of limitations

My daughter is a courageous Alaska lawyer

“What goes around, comes around”  Brett Kavanaugh

Suing Law Schools; Suing Gun Makers.  Oh, And Happy Law Day! (April 30, 2018)

Posted in Courts, Education, Guns, Kleptocracy, MICAC, Schooling on April 30, 2018 by e-commentary.org

. . .

K          “It is about time.  Manufacturers are legally culpable for defective products that proximately cause damage.  Some folks are talking about holding gun manufacturers liable.  Now is the time to hold law schools liable for their defective products.”

J          “It is long overdue.  Law schools are profit-maximizing institutions pursuing a longer term financial strategy that drives, directs and dictates admission decisions.  They have enough information over the decades to calculate the rate of return in lucre and luster for each applicant over his or her lifetime and admit and deny accordingly.  And the statute of limitations does not expire until the lawyer expires, so there is still time.”

K          “When you study the process carefully, you realize that character is immaterial or maybe even an impediment to being admitted.  That is a business decision.  However, that is a business decision that should be challengeable in court.  A citizen should be able to sue Harvard Law School for any of Michael Pompeo’s abominations and Yale Law School for any of Johnnie Bolton’s desecrations and other criminal activities.”

J          “Absolutely.  Law Schools are full sustaining members of the MICAC (Military Industrial Congressional Academic Complex).  Moving down the path toward the adoption of the rule of law in the U.S. requires a first step.  Let’s take a first step by requiring law schools to adhere to the rule of law.”

K          “The problem is finding an honest court in America.  We need to support the creation of the Court Of Truth And Justice (CTJ).”

. . .

K          “Gun manufacturers are liable for defective guns.  A gun can maim or kill a few bodies; a lawyer can maim or kill the body politic.” 

. . .

J          “If they blow up the entire world to smithereens, the damages are going to get way, way up there.”

. . .

[See the e-commentary at “Johnnie Bolton:  The Triumph Of The Chickenhawks And Neo-Cons.  Join Fellow Patriots For The “April 14 Rally” And The Memorial Day “March For America”.  Oh, And Happy April Fool’s Day! (April 2, 2018)”, “Schooling The Apparatchiks For The Kleptocrats (December 7, 2015)”, “Clinton, Inc., Trump, Inc., Bush, Inc., Kennedy, Inc., O’Bama, Inc. (October 24, 2016)”, “The Court Of Truth And Justice (CTJ) (August 29, 2016)”, “Assigning Blame:  The Lawyers: 50 Percent; The Non-Lawyer Public: 50 Percent; The Judges: 100 Percent (December 3, 2012)” and “Perjury, the American Way (February 20, 2006)”.]

Bumper stickers of the week:

We live in a country with many, many, many rules and many, many, many laws, but we do not live in a country that believes in or adheres to the rule of law.

May 1 – Law Day

The Power Of Small Thinking (March 12, 2018)

Posted in Courts, Education, Judges, Peoplocene Age, Plastic, Schooling, Society on March 12, 2018 by e-commentary.org

. . .

K          “Decade in and decade out in every venue from academia to the courts, when big thinking confronts the typical small thinking individual or institution, small thinking almost always emerges.”

J          “C’est la life.  If there is no money in big thinking and buckets of money in small thinking, then small thinking prevails.  It is the first law of societal thermo-economico-dynamics.”

. . .

[Plastics continue to plague the planet.  See “Saving the albatross: ‘The war is against plastic and they are casualties on the frontline’” in “The Guardian” by Anna Turns dated March 12, 2018.  Time to think big.  See the e-commentary at “Living In The “Peoplocene Age”.  The Inconvenient Truth:  Renewable Energy Is Not Sustainable; The Population Must Be Restrainable.  (December 12, 2016)”.]

[See the e-commentary at “On Merit and the Meritocracy (January 11, 2010)”, “On Standards & Quality (July 20, 2015)”, “‘You Can’t Be Smarter’ (August 10, 2015)”, “Federal Judges:  Institutionalized Bullying (September 18, 2017)”, “Arctic High School Court (May 23, 2016)”, “The Ninth Circuit:  Two-Tiered ‘Just-Us’ Review (February 13, 2017)”, “The Paradox Of The Republican Federal Judge:  Republican Federal Judge Syndrome (September 23, 2013)”, MPP / MPA:   Are They Really Masters?  (November 13, 2107)”, So Many Words, So Few Ideas (September 21, 2009)”, “Skip the Nobel in Economics? (October 5, 2009)” and “How To Run A Newspaper (February 8, 2016)”.)

Bumper stickers of the week:

BIG THINKING in -> small thinking individual or institution -> small thinking out

e-commentary:  BTI -> BTO (BTU?)

Competency is so overrated.

“It is difficult to get a man to understand something, when his salary depends on his not understanding it.”  Upton Sinclair

Think big, think long.

Cakes, Courts And Constitutions:  Brown v. Plessy II (December 4, 2017)

Posted in Civil Rights/Civil Liberties, Civil War, Courts, First Monday In October, Gay Politics, Society, Supreme Court, War and Wall Street Party on December 4, 2017 by e-commentary.org

. . .

K          “I thought that no one discriminated against the green stuff today.”

J          “The cake baker’s religious convictions seem heartfelt and genuine, yet they must yield when he opens the door to the public and seeks money.”

K          “If you hold yourself out to the public to be open for business, you cannot hold yourself out to the public to be open for business only for some.”

. . .

J          “There is a continuum of creativity.  Everyone involved in the marriage industrial complex is creative in some way.  The hair stylist, the floral designer, the nail sculptor, even the chef are all creating a creative product.  The cake baker is not unique or special.”     

. . .

K          “The coercive authority of the government coming to bear on an individual once again gives me some pause.”

. . .

J          “In the end, the decision is a piece of cake.”

K          “And as easy as pie.”

. . .

K          “And the case reveals once again that we are not one country, we are two countries deeply divided against each other.  And we are not one country with two political parties, we are two countries with one political party – the ‘War and Wall Street Party’ – divided into two divisions, the ‘D’ division and the ‘R’ division.”

J          “And a chasmic and unbridgeable divide between those two divisions.”

K          “The ‘D’ division of the Supreme Court and the ‘R’ division of the Supreme Court are two divisions of armies that battle head to head to impose and inflict their version of the Constitution on the other army.”

. . .

[See Masterpiece Cakeshop v. Colorado Civil Rights Commission, 16-111.]

[See the e-commentary at “Brown:  5 – Plessy:  4 (June 29, 2015)”, “Dividing The Divided Supreme Court In A Divided Country (October 3, 2016)”, “Five Red Rich Republican ‘Catholic’ Corporatist ‘White’ Boys . . . Versus . . .  Four Blue Comfortable Democratic ‘Jewish’ Individualist White ‘Girls’ . . . And All By-Products Of The S.I.C.  (October 2, 2017)”, “The Tsunami Hits Shore (March 24, 2014)”, “The Sea Change Is Now A Tsunami (March 11, 2013)” and other e-commentary under the Categories “First Monday in October” and “War and Wall Street Party”.]

Bumper stickers of the week:

Open to all

Let them eat cake; insist they sell it

It is a cake walk and as easy as pie

Second Annual Noble Prize In Jurisprudence (October 16, 2017)

Posted in Awards / Incentives, Civil Rights/Civil Liberties, Constitution, Courts, Judges, Judicial Arrogance, Judiciary, Justice, Law, Law School, Noble Prize in Jurisprudence on October 16, 2017 by e-commentary.org

. . .

K          “A prize dedicated to acknowledging and celebrating the work of someone who really knows something about jurisprudence and the impact of courts, judges, lawyers and police on the lives and livelihood of ordinary citizens.  Someone who lives the conviction that men and women should establish and respect some norms and standards that are promulgated clearly to all and enforced equally in favor of and against all.”

J          “The law schools are vacuous deserts of inbreeding and infighting that gestate little legal gamesters.  The bench is a magnet for wankers who played the legal game profitably and perpetuate the racket for the benefit of the judges and a few lawyers.  Is anyone qualified in America?  Is someone outside American eligible?  Give the nod to another underappreciated and overworked public defender who somehow manages to make a difference.”

K          “They were included within the group of individuals acknowledged and celebrated last year.  The recipient of the second annual Noble Prize In Jurisprudence . . . is John W. Whitehead and the Rutherford Institute for his and its dedication to the protection and defense of civil liberties and human rights.  He and the Institute are indeed public defenders of law and policy who have made and are making a difference.”

. . .

[See the e-commentary at “First Annual Noble Prize In Jurisprudence (October 17, 2016)” and “Award Deadlines (Livelines?) (July 25, 2016)”.]

Bumper sticker of the week:

I wasn’t using my civil liberties anyway

Five Red Rich Republican “Catholic” Corporatist “White” Boys . . . Versus . . .  Four Blue Comfortable Democratic “Jewish” Individualist White “Girls” . . . And All By-Products Of The S.I.C.  (October 2, 2017)

Posted in Courts, First Monday In October, Judges, Judicial Arrogance, Judiciary, Justice, Kleptocracy, Law, Schooling Industrial Complex, Supreme Court, Technology on October 2, 2017 by e-commentary.org

. . .

K          “They . . . are . . . back.”

J          “And now a majority does not have our back.”

K          “They are now poised to foist the burdens of existence on the backs of the common man.”

. . .

J          “That is the common thread.  They are all by-products of the S.I.C.”

K          “We need different products, by and by.”

J          “The common thread is that they responded to or rejected the conventional doctrine at the same narrow-minded indoctrinating institutions of the Schooling Industrial Complex (SIC).”

K          “What no one seems to get because no one seems to know and no one seems to care is that scrounging up Supreme Court Justices from the pool of Federal Appellate Court Judges is drawing the worst from the worst.”

J          “I agree.  But no one knows and no one cares.”

. . .

K          “Gorsuch may be a phenotypic Episcopalian, but he is at core a genotypic Catholic.  Thomas acquired deep scars on his journey to ‘Whitehood’ and acceptance and is also a congenital Catholic.  Breyer is intellectually female.  Sotomayor is a secular Jew.  The chasm between the five red rich Republican ‘Catholic’ corporatist ‘white’ boys and the four blue comfortable Democratic ‘Jewish’ individualist white ‘girls’ on the Supreme Court is stark and unprecedented in American history.”

J          “The country believed that it needed to get over and move beyond a debate that arose around Kennedy and his Catholicism that now cannot be raised or even intimated.”

K          “John not Tony.”

J          “John and Tony.  A person simply cannot pledge fealty and loyalty to Rome and to the U.S. Constitution.  Period.”

. . .

K          “To describe it as a war between those who want to ‘Immanentize The Eschaton’ and those who do not want to let others ‘Immanentize The Eschaton’ is too blatant for polite company.  Better to be more discrete and intimate that a group of five is quietly and surreptitiously imposing its religion as the national religion in America.”

J          “What troubles me is that the ‘Immanentize The Eschaton’ wing of the Catholics did not get a foot hold or even one lobbyist on the Court.” 

K          “What if the Court granted the current Pope the right to file an amicus curiae brief in every case?  The current Pope is a member of the ‘Immanentize The Eschaton’ wing.  Would the Supremes be obligated to listen?  To follow without question or hesitation?  That may not be so bad.”

. . .

K          “The Nobel Prize in Medicine and Physiology is to be announced today.  In the next few decades, the person who proves that an individual is born with the ‘I’ Gene or with the ‘We’ Gene may receive a much deserved Nobel.  At heart, 4.5 Justices have the ‘I’ Gene and 4.5 Justices have the ‘We’ Gene.  Kennedy may still have a heart and a soul and a recessive ‘We’ Gene.”

J          “Tony not John.  The helicopter beanie folks are developing AI (Artificial Intelligence).  They may need to develop AI (Artificial Ignorance) to substitute for the poor decisions and worse judgment of the judges and justices in America.  That is more of a challenge than anyone has contemplated.”

K          “A typical judge pays attention to a high profile case, dismisses the other cases and goes home.  The naïve engineers may not recognize that reality and instead create a sophisticated Digital Decision Device (DDD) that marshals the facts, discerns the law, finds truth, and does justice.”

J          “Unprecedented.  One can only hope.”

. . .

K          “The Supremes are deciding whether we live in a democracy or an oligopoly/kleptocracy in the context of a scam named after Governor Gerry.  The majority on the court owes their jobs to a broken political system and is not likely to fix it.”

J          “The privacy issues turn on whether each Justice personally feels threatened by the changes brought by technology not whether the ordinary person is threatened.”           

. . .

K          “The nascent thought is growing that the Supremes lack legitimacy and accountability in America.  Only the power they exercise that derives from the sword and purse maintains their dominion and domination.”

J          “They have transformed into a lobbying institution on First Street rather than on K Street with the disturbing ability to send out storm troopers to enforce their edicts.”

. . .

[See the e-commentary at “The ‘I’ Gene; The ‘We’ Gene:  Searching For The Genie In All Of Us (April 3, 2017)”, “Immanentizing The Eschaton: Your Supreme Court And The Great Religious War (October 7, 2013)”, “Adjunktification” In The S.I.C. (Schooling Industrial Complex) (March 13, 2017)”, “One Gun Per White Adult Male? A Flintlock Musket? The “One Man, One Gun” Decision (October 4, 2010)”, “Are Courts Irrelevant? Are Courts Illegitimate? (October 3, 2011)” and “The Supreme Court – Unrepresentative And Illegitimate: The 33.3 Percent Solution (October 1, 2012) and the “First Monday In October” e-commentary in 2014, 2015 and 2016.]

Bumper stickers of the week:

There is no law; there is only ideology

Fall falling; leaves leaving; winter winning

Equality On The Bench Today (August 21, 2017)

Posted in Courts, Equal Protection, Gender, Judges, Judicial Arrogance, Judiciary, Race on August 21, 2017 by e-commentary.org

. . .

K          “The courts today are shining sterling models of equality and opportunity.  The female judges, the black judges, the brown judges, the red judges, the yellow judges, and the azul judges are now just as inept, arrogant and indifferent – no less and no more – as the white judges.”

J          “Now that is progress we can get behind.  Our society – at least the court system – has moved into a ‘post-identity’ politics world.  Will the Democrats get the message and get it?”

. . .

[Richard “Dick” Claxton Gregory (October 12, 1932 – August 19, 2017)]

Bumper sticker of the week:

The “Just-Us” System