Archive for the Judiciary Category

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, 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

Federal Judges: Institutionalized Bullying (September 18, 2017)

Posted in Judges, Judicial Arrogance, Judiciary, Law, Law School, On [Traits/Characteristics] on September 18, 2017 by e-commentary.org

. . .

L1        “I pursued law to protect the kids from the bullies and discovered to my horror that the bullies are on the bench.”

L2        “Me too.  The legal system is not failing, it is failed.”

. . .

L1        “The Federal Courts are the House of Lords.  The state courts are the House of Commons.  The Federal Courts serve the interests of the U.S. government and the well-to-do/the well-connected and address a few high profile and sexy cases.  The state courts offer occasional relief to the common man.  The racket is also known as ‘Federalism’ in American law.  Charming system.”

L2        “The process is aided and abetted by selecting bullies from the bar to serve as Federal Judges.  The carefully calibrated system of checks and balances rewards those least fit and places them in power.”

L1        “In one case, the lawyer who had been bullied as a little boy spent day and night building the network and contacts to get the Federal Judgeship.  I warned a few of the kids who threw snow balls at him as he stood in line waiting for the yellow Blue Bird to land muttering to himself ‘Someday I will be a Federal Judge, someday I will be a Federal Judge, someday I will be a Federal Judge’.  He did what needed to be done to get into a profitable law school and then got the Federal Judgeship.  He now peers out from his perch at all the kids who threw snow balls at someone they did regard as a peer.  He got and is getting his revenge.  Not by challenging the bullies but by becoming a bully.”

L2        “No surprise.  Bullies were bullied.  It is contagious.”

. . .

L1        “Imagine if you could look up at him – while privately looking down on him – and say ‘How about you and me step outside big boy and handle this like real men?’”

L2        “Bullies need to be confronted.  But for simply challenging a bully, the wimp could unleash his enforcers from the U.S. Marshal’s Service and after roughing you up issue you a ticket to Florence.”

L1        “Now that is not such a bad outcome, really.  Tuscany is beautiful this time of year.”

. . .

[See the e-commentary at “SCOTUS on TV:  ‘They Might Not Be Such Bastards’ (March 26, 2012)”, “The Paradox Of The Republican Federal Judge:  Republican Federal Judge Syndrome (September 23, 2013)”, “Assigning Blame:  The Lawyers:  50 Percent; The Non-Lawyer Public:  50 Percent; The Judges:  100 Percent (December 3, 2012)”, “Arctic High School Court (May 23, 2016)” and “The Ninth Circuit:  Two-Tiered ‘Just-Us’ Review (February 13, 2017)”.]

Bumper sticker of the week:

September 17 – Have a happy Constitution Day

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

The Ninth Circuit:  Two-Tiered “Just-Us” Review (February 13, 2017)

Posted in Judges, Judicial Arrogance, Judiciary, Justice, Law, Perjury, Perjury/Dishonesty, Truth on February 13, 2017 by e-commentary.org

. . .

K          “There are two standards of review in the Ninth Circuit Court of Appeals.  If the plaintiff is a favored or famous individual or the matter is a cause célèbre, the Niners read the briefs and write a coherent decision.  If the plaintiff is not among the elite and is some ordinary stiff, the Niners do not read the briefs and instead distort both the law and the facts to make the plaintiff and the plaintiff’s lawyer look like fools.” 

J          “That is, perforce, perjury, but that is never a concern or an impediment.  They swore to uphold the law.  They are not upholding the law.  When they issue a decision, they are not required to attach an affidavit stating that the decision is an honest description of the law and the facts.  They already swore to provide an honest description of the law and the facts.”

K          “Perjury is the American Way.”

. . .

K          “If a case or issue is hip, cool, trendy, sexy and/or well-publicized, the Niners give it the time of day.  The recent case involving the trendy issue du jour provided an opportunity for an ideological pronouncement.  The Niners are more predictable than the sunrise.” 

. . .

K          “Cockroaches work diligently in the dark and scurry away when the lights are turned on.  Judges work diligently when the television lights are turned on and scurry away when the lights are turned off.”

J          “Perhaps the Niners should candidly and honestly state that they will not read a brief filed by a little person unless accompanied by a filing fee four (4) times the filing fee charged to large players and institutions.”

K          “Ten (10) times the filing fee may not be enough.  How much is enough.”

. . .

K          “Too bad we cannot depose God to determine the Truth.  Based on decades of study and careful observation, I calculate that aggregating the acts of perjury perpetrated by each judge and applying the low end of the Sentencing Guidelines would consign most judges to prison for life.”

J          “Now there is one for you.  There are more felons or technically unindicted felons on the bench at large than among the public.  I missed that discussion in my high school civics class.”

. . .

J          “Some ideas are too Truthful to entertain for even a few seconds.”

K          “When you think on it, perjury is the back bone of the American Judicial System.”

. . .

[See the e-commentary “On Standards & Quality (July 20, 2015)”, “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:

“There is always some kid who may be seeing me for the first or last time, I owe him my best.”  Joe DiMaggio

Courts have failed.  Courts exist to make life easy and lucrative for judges and to make money for obliging and cooperative lawyers.

The Court Of Truth And Justice (CTJ) (August 29, 2016)

Posted in Courts, Judges, Judicial Arrogance, Judiciary, Justice, Monopoly, Rackets, Rule of Law on August 29, 2016 by e-commentary.org

. . .

K          “Courts have failed.  Courts exist to make life easy and lucrative for judges and to make money for obliging and cooperative lawyers.”

J          “Just another racket.”

K          “The lawyer’s unwitting role is to lead the public to believe that we live under a system of laws with neutral judges who listen to all arguments and discern the law and facts objectively.”

J          “A lawyer goes on the bench so that he or she can go home early with full and guaranteed pay.”

. . .

K          “We need to create courts that find some truth and do some justice.  Hundreds of years ago in England, the courts of ‘law’ dispensed very little truth or justice and applied a ruthless version of the law.  The market responded and a new court system and court house was established across the street – the court of ‘equity’.  If you fell behind on your house payment, the ‘law’ court would toss you out in the street.  However, go across the street and the ‘equity’ court would give you credit for what you invested in the house and even prevent the law court from tossing you out in the street.”

J          “Isn’t that why they call what you invest in the home – dollars and sweat – the ‘equity’ in your house.  The thing called ‘equity’ in your home was created to address that personal investment in and commitment to the home.”

K          “Exactly.  There are still equitable causes of action and equitable remedies.  Dozens of years ago, all the big legal players decided to merge the ‘law’ court and the ‘equity’ court into one court.  That created a monopoly.  And the courts quickly began to act like monopolists.  They could and do whatever they want to do which is typically to dismiss a case and go home.”

J          “With full and guaranteed pay.  Sounds like the merger of the National Football League and the American Football League into the National Football League in 1970.  Monopoly is bad.”

K          “Monopoly is very bad.  We need to return to our roots and create a new court of ‘equity’ that could be called . . . the ‘Court of Truth and Justice’ to address the genuine legal needs of the populace.”

J          “What you are talking about is what I call restoring the rule of law in America.”

. . .

K          “We need a test case.”

. . .

[See the e-commentary at “Assigning Blame: The Lawyers: 50 Percent; The Non-Lawyer Public: 50 Percent; The Judges: 100 Percent (December 3, 2012).”]

Bumper sticker of the week:

Why not try the rule of law for a week or two?

Ali (June 6, 2016)

Posted in Awards / Incentives, Courts, FBI, Judiciary, Justice, Military, Newspapers, NSA, On [Traits/Characteristics], Race, Religion, Society, Sports, Supreme Court, Vietnam, War on June 6, 2016 by e-commentary.org

. . .

3          “Some individuals are known by their first names.  Attila, Twiggy, Cher, Oprah.  ‘Ali’ was his brand after he rejected the name he was branded with at birth.”

5          “Yet the name he repudiated – Cassius Marcellus Clay, Jr. – reeks of royalty and speaks respect.  Sounds like the name of someone who would sport a repp tie, but he had to elude those who wanted to place a noose around his neck.”

3          “And then he made them place a few medals around his neck.  Have you noted that one hundred percent of those who insist on calling him ‘Cassius Clay’ despise him and despise Blacks.”

5          “Life provides so many revealing tells.”

. . .

5          “Rare is the young American who musters the poise, focus and conviction to change name and religion when the change will be universally and publicly excoriated.”

3          “And then when they tried to muster him into the military and threatened him with conviction, he confronted them with his convictions.”

. . .

5          “The Associated Press photograph of him sporting a tasteful, conservative suit and tie while being escorted through a gauntlet of uniformed soldiers from an armed forces examining station in Houston, Texas after refusing to join the Army is a powerful tableau of conscience confronting power.”

. . .

3          “When his legal case went to the Supreme Court, the Court went to unprecedented lengths and widths and heights and bent over backwards and forwards and sidewards to exonerate him without creating a precedent that would apply to anyone else.  Rare if not unique justice for a rare if not unique man.  If everyone else in America could receive just one one hundredth the judicial attention he received, we would live in a just Republic.”

5          “Courts usually bend over backwards and forwards and sidewards to uphold whatever the government inflicts on an individual.”

3          “In a just Republic, other young men, black and white, etc., would and should be able to cite Clay [(, also known as Muhammad Ali)] v. United States, 403 U.S. 698 (1971), to object to participation in an unconscionable war.”

. . .

5          “In a secret operation code-named “Minaret”, the National Security Agency monitored the communications of Ali and others and provided information to the Federal Bureau of Investigation.”

3          “The time-honored way that America celebrates its heroes.”

. . .

5          “At the time, I was told that we were born to be outwardly reserved and yet inwardly confident.  Ali, I was told, was born into circumstances that forced him to exude bravado because he spoke for millions of oppressed and suppressed people.”

3          “So he may have been too humble and reserved under the circumstances?”

. . .

5          “Unlike most, he had swift hands; like all, he had clay feet.  We can properly eulogize him properly yet not canonize him unequivocally.”

. . .

[See the e-commentary at “The FBI File:  The American Imprimatur Of Success (January 18, 2016)”.]

Bumper stickers of the week:

“I am America.  I am the part you won’t recognize.  But get used to me.  Black, confident, cocky.  My name, not yours; my religion, not yours; my goals, my own; get used to me.”

“War is against the teachings of the Qur’an.  I’m not trying to dodge the draft.  We are not supposed to take part in no wars unless declared by Allah or The Messenger.  We don’t take part in Christian wars or wars of any unbelievers.”

“Keep asking me, no matter how long,
On the war in Vietnam, 
I sing this song:
I ain’t got no quarrel with no Viet Cong.”

“Man, I ain’t got no quarrel with them Viet Cong.”

“Why should they ask me to put on a uniform and go ten thousand miles from home and drop bombs and bullets on brown people in Vietnam while so-called Negro people in Louisville are treated like dogs and denied simple human rights?      No, I’m not going 10,000 miles from home to help murder and burn another poor nation simply to continue the domination of white slave masters of the darker people the world over.      This is the day when such evils must come to an end.  I have been warned that to take such a stand would cost me millions of dollars.  But I have said it once and I will say it again.  The real enemy of my people is here.      I will not disgrace my religion, my people or myself by becoming a tool to enslave those who are fighting for their own justice, freedom and equality.  If I thought the war was going to bring freedom and equality to 22 million of my people they wouldn’t have to draft me, I’d join tomorrow.      I have nothing to lose by standing up for my beliefs.  So I’ll go to jail, so what?  We’ve been in jail for 400 years.”

“My conscience won’t let me go shoot my brother, or some darker people, or some poor hungry people in the mud for big powerful America.  And shoot them for what?  They never called me nigger, they never lynched me, they didn’t put no dogs on me, they didn’t rob me of my nationality, rape and kill my mother and father…  Shoot them for what?  How can I shoot them poor people?  Just take me to jail.”

“At home I am a nice guy, but I don’t want the world to know.  Humble people, I’ve found, don’t get very far.”