Tag: Supreme Court

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crime and punishment general freedom judiciary property rights

Property Rights vs. Absentee Frogs

frog, Supreme Court, property

When an assault on individual rights achieves a certain depth of irrationality, the Supreme Court is capable of common sense. Even unanimous common sense.

The 8 – 0 ruling in Weyerhaeuser v. U.S. Fish and Wildlife Service pertains to the desire of the U.S. Fish and Wildlife Service to designate over 1500 acres of Louisiana land a “critical habitat” of the dusky gopher frog. The designation means that owners may not develop the land that they own in even the simplest ways without consulting with/​begging permission from bureaucrats.

If a property owner has an actual right to his own property, the government cannot properly commandeer even one square inch of it to appease Lithobates sevosus. Give the creature a YouTube video and leave it at that.

But sevosus doesn’t even inhabit the so-​called “critical habitat.”

The frog is not on the property!

This fact enabled Chief Justice John Roberts (not always clear on the meaning of words) the chance to emphasize that words have meaning. “According to the ordinary understanding of how adjectives work, ‘critical habitat’ must also be ‘habitat,’” Roberts clarified. “Only the ‘habitat’ of the endangered species is eligible for designation as critical habitat.”

Concurring, pundit George Will says that the decision represents “a recuperative moment for the court” and delivers “a chastisement of the administrative state, the government’s fourth branch, which is one too many.”

Is this ruling as thoroughgoing as it should be? No. Nevertheless, the decision is surely a victory for minimal common sense. Of which we could use more.

And more, also, of maximal common sense.

I’m Paul Jacob.

 

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Photo credit: US Department of Agriculture

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crime and punishment media and media people moral hazard national politics & policies

Not an Accusation

Julie Swetnick

Brett Kavanaugh’s weekend confirmation as an Associate Justice of the U.S. Supreme Court, by a 50 – 48 Senate vote, didn’t settle the allegations of his past sexual conduct in a judicial manner.

Wild disagreement remains.

Many on the Left continue to believe our newest justice repeatedly lied under oath, having abused at least three women when in high school and college. Many on the Right will view all “three” of these female accusers as political players or pawns, who probably should be punished in some way for lying about such a fine man.

While I doubt we can know for certain about a number of the accusations, there should be less doubt on the exact number of accusations. Which were not three but only two.

“I cannot specifically say that he [Brett Kavanaugh] was one of the ones who assaulted me,” Julie Swetnick told NBC News. But she went on to offer a maybe, a could have, some might haves, an I don’t know … and more, none of which amounted to an accusation. What she offered was a chain of suppositions: “Because if Brett Kavanaugh was one of those people that did this to me, there is no way in the world that he should go scot-​free on this and that he should be on the Supreme Court.… If he does, I, uh — there’s no justice in the world.”

As long as this sort of nonsense is treated seriously in the media and among partisans, there can, indeed, be no justice in the world.

This is Common Sense. I’m Paul Jacob.

 

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government transparency ideological culture national politics & policies

Last Week’s Least Credible Answer

Diane Feinstein, Kavenaugh, Supreme Court

So, who was lying, last week, at America’s big show trial — er, Senate Judiciary Committee hearing?

Professor Christine Blasey Ford or Judge Brett Kavanaugh?

Many Americans took sides. I cannot. Both said believable as well as scarcely believable things, but I’m with that minority who admits not to know what to believe.

Except for one thing: I am pretty sure I know who told the biggest whopper.

Senator Dianne Feinstein.

Democratic senators, especially Kamala Harris (D‑Calif.), repeatedly pressured Kavanaugh to himself demand an FBI investigation to clear his name. It all seemed Orwellian: to make the accused insist on an investigation into allegations he had denied. It was also odd, considering, as Kavanaugh reminded his inquisitors, that he had repeatedly accepted any investigation the committee desired.

They just wanted him to demand it.

All of which is nuts, since the Committee possesses subpeona power, and can do an investigation itself.

But the weirdest aspect? The FBI had already checked Kavanaugh’s background, had performed an official investigation. But since Senator Feinstein had not tipped the agency off to Professor Ford’s confidential accusation — had effectively sat on the letter — the FBI hadn’t covered that precise avenue of inquiry.

And then, after the hearings were nearly over … the leak. And the bouhaha.

When asked whether she leaked Ford’s epistle, Feinstein said No. When asked if her staff did, she said she … hadn’t asked them.

Oh, come on.

Not as believable as either Ford or Kavanaugh.

This is Common Sense. I’m Paul Jacob.

 

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ideological culture

The Opposite Party Is Partisan!

When departing Senator Jeff Flake indicated, the other day, that he would vote to place President Trump’s nominee Brett Kavanaugh onto the Supreme Court — despite the ugly accusations of Kavanaugh’s youthful sexual misconduct — much re-​tweeted actress Alyssa Milano called him a “coward.”

We understand what she means. Because Flake “caved” to pressure from his party* — the GOP — he proved himself “spineless,” in another Twitterer’s terminology.

But the thing is, calling your opponent a coward because he does not do what you want is at least a bit odd. One does not approach a knight defending his castle and call him a coward for not surrendering.

Weird world, eh? Where our enemies are cowards for opposing us!

This is not new. Remember George W. Bush calling the terrorists of 9/​11 “faceless cowards”? Bill Maher lost his comedy newschat show at the time because he made the obvious point that people who give their lives to a cause, even if terrible, are anything but cowards.

Human beings are a mixed bag — of virtues and vices. This should be treated as a given … for folks on all sides.

In one sense, however, Ms. Milano and many others in the Twitter brigades are not wrong. In politics, today, our biggest challenge is often resisting the besetting sins of our respective tribes.

But the fact that she and her friends “call out” the Senator for his partisan moral failings while rigorously maintaining their partisan ranks does not exactly indicate a moral heroism transcending partisanship.

This is Common Sense. I’m Paul Jacob.

 

* Some Republicans likely regard Flake as “caving” to pressure from the left, by calling for an FBI investigation before a Senate floor vote on the Kavanaugh nomination. Flake did this after a confrontation with two women who were victims of sexual assault.

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crime and punishment free trade & free markets general freedom ideological culture media and media people moral hazard national politics & policies privacy property rights responsibility U.S. Constitution

Wouldn’t Freedom Be … Easier?

cake, gay rights, Supreme Court, freedom of association, discrimination, law. nanny state

To bake or not to bake, that is the question.

Actually, the question was may a state discriminate against Christians in regulating “public accommodations”? The Supreme Court has decided, in a supermajority 7 – 2 ruling, that the Colorado Civil Rights Commission wrongly prosecuted a Christian baker who would not make a special wedding cake for a gay couple — while the Commission shrugged when it came to bakers who wouldn’t bake Bible verse cakes.

The ruling came down along the lines I suspected in December: Equal protection. This narrow ruling focused “on what the court described as anti-​religious bias on the Colorado Civil Rights Commission when it ruled against baker Jack Phillips,” Fox News informs us.

In his majority opinion, Justice Anthony Kennedy censured the “Commission’s hostility” to Phillips. And Kennedy recognized the root problem, the “difficult questions as to the proper reconciliation of at least two principles”:

  1. “the authority of a State and its governmental entities to protect the rights and dignity of gay persons”;
  2. “fundamental freedoms under the First Amendment, as applied to the States through the Fourteenth Amendment.”

Ah, discrimination. Has picking at this, like a scab, really increased comity? It sure would be easier were we to stick to freedom of association. 

Wouldn’t that dredge up less animus?

States should not engage in invidious discrimination. Sure. Vital.

But businesses? Must they serve anyone and everyone? Even when it requires the baker or florist to create something custom — or the pianist to perform? Especially when customers can easily go to a competitor? 

Besides, in Colorado, anti-​discrimination laws were used by government to persecute Christians. 

This is Common Sense. I’m Paul Jacob. 

 

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Categories
Accountability crime and punishment general freedom ideological culture judiciary media and media people moral hazard national politics & policies Regulating Protest too much government

Post Blindfold

blind justice, unions, Supreme Court, polarization, politics

While the Supreme Court heard oral argument, Monday, in Janus v. American Federation of State, County and Municipal Employees (AFSCME), the court of public opinion focused not so much on the constitutionality of the law in question, i.e. justice, but instead on the partisan impact of the decision, i.e. politics. 

A Washington Post editorial advances the notion that the court was presented “with two questions. The first is the legal issue …” and the second “implicit” question is “how the court should conduct judicial review in a deeply polarized society.”

Plaintiff Mark Janus and his legal team are seeking an “extraordinary remedy in the context of the Supreme Court’s tumultuous recent history,” claims the Post.

But that history is not Mr. Janus’s.

Or the union’s.

Or even U.S. labor relations’.

The editors are talking about Washington’s bitter 2016 political fight. 

What does political polarization have to do with the facts or law of this case? Nothing. Except … what’s in peril is a system whereby government workers who do not wish to join a union are nonetheless forced to pay union dues.

So, if the Court nixes current law, AFSCME might wind up with fewer dues paying members … meaning less money for AFSCME’s political pet, the Democratic Party. 

And Democrats — now stuck with a conservative replacement for the late Justice Scalia — are left only with Obama’s pronouncement: “Elections have consequences.” 

And, embarrassingly, the Post’s bizarre case for “steering the court modestly down the middle of the road.”

A lady, blindfolded, holding scales and a sword symbolizes justice. That blindfold is not to avoid reading the law; it represents the imperative to ignore politics.

This is Common Sense. I’m Paul Jacob.

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