In Which I Toss Aside Political Correctness In My Quest For Universal Love

 Opinion | thepilot.com

Here are a few random observations on the bizarre happenings of the last couple of weeks:

— On March 11, Sen. Orrin Hatch told a reporter from the right-wing “news” site Newsmax that he doubted that President Obama would nominate a nice moderate judge to fill the seat of the late Antonin Scalia on the Supreme Court.

For example, Hatch noted, “he could easily name Merrick Garland (Chief Judge of the D.C. Court of Appeals), who is a fine man.”

Hatch quickly went on to say, “But he probably won’t do that, because this appointment is about the election. So I’m pretty sure he’ll name someone the (liberal Democratic base) wants.”

So whom did the president nominate on March 16? None other than that “fine man” himself, Judge Merrick Garland. It’ll be fun to watch all of the people like Hatch who have praised Garland and voted for him to be chief suddenly acting like the guy’s some raging liberal who’s unfit to wear a judge’s robe.

Let’s face it, Republicans: The president of the United States is messing with you. And he’s doing it brilliantly.

— Meanwhile, Sen. Pat Toomey revealed more than he probably thought he had when he took to Twitter to say, “Should Merrick Garland be nominated again by the next president, I would be happy to carefully consider his nomination.”

Another senator, the aptly named Jeff Flake of Arizona, said he’d vote for Garland in the lame duck session after the election if Hillary Clinton won to keep her from nominating someone farther left. So much for the principle that they’re just “waiting for the people to speak.”

News flash, ladies and gentlemen: They did speak. Twice, when they elected Obama by large margins, knowing that part of his job for the entirety of both four-year terms would be to appoint Supreme Court Justices whenever vacancies come due.

He’s done his job, senators. Now do yours.

— On this past week’s sort-of-Super Tuesday, Donald Trump gathered a large number of the delegates he’ll need to win the Republican nomination outright.

His rivals Ted Cruz and John Kasich, however, also won enough delegates to get closer to their dream of denying Trump that knockout victory and possibly throwing the nomination wide-open at a so-called “open” or “brokered” convention in Cleveland.

I wouldn’t do that if I were you, warned Trump. If he doesn’t get the nomination “automatically,” he told CNN, “I think you’d have riots. I think you’d have riots. I’m representing a tremendous, many, many millions of people. … I wouldn’t lead it, but I think bad things would happen.”

Got that? The man who aspires to be the leader of the Free World is threatening his own party like a bit player on “The Sopranos.” It’s a heck of a thing when the ‎GOP’s best hope is a brokered convention that’s only a figurative bloodbath and not a literal one. I don't envy them.‬‬‬‬

— Speaking of Trump and violent thuggery, it seems that he’s backpedaling on his statement that he’d “pay the legal fees” of people who beat up protesters at his rallies, such as the old geezer who walked up and cold-cocked a black protester being led out of the arena in Fayetteville.

By “backpedaling,” I mean “lying and claiming that he ever said it, even though he’s on video as saying exactly that.”

There have been some classic liars in the American political scene, but the Republican frontrunner is in a class by himself. This is a man who can deny something happened, even as he’s looking at a video of it happening.

That’s either a rare gift of sheer nerve or a complete disconnection from reality. But somehow, his supporters say they love Donald for “telling it like it is.”

— Trump’s supporters also say they love him for the fact that “he doesn’t care about political correctness.”

When you actually look at what they call “political correctness,” however, it becomes clear that all “PC” really means is having some degree of sensitivity about how your words might affect, offend, even wound people.

Well, if that kind of sensitivity is what you despise and resent, then allow me to be politically incorrect: If you’re voting for this con artist, you’re a bloody moron. A rube. A sucker for this cheap carnival barker who preys on your anger, fear and ignorance to make you feel like you’re an oppressed minority when you’re anything but that. Grow the heck up.

There. I told it like it is with no concern for political correctness. Love me now?

The Curious Incident of the Supreme Court

The Pilot Newspaper: Opinion

Ah, the first Monday in October. A day of great interest to those of us in the law biz, because that’s the day the Supreme Court of the United States officially starts its term.

This year, the Supremes began by, like the dog in the Sherlock Holmes story, doing a curious thing: nothing. They decided not to review the decisions of lower courts which struck down bans on gay marriage in seven same-sex marriage cases.

Because those appeals courts also have jurisdiction over more than just the states the original cases came from, bans on same-sex marriage will almost certainly fall in those other states as well. For example, the U.S. Court of Appeals for the Fourth Circuit, which struck down Virginia’s gay marriage ban on constitutional equal-protection grounds, also has jurisdiction over West Virginia, North Carolina and South Carolina.

Therefore, while a challenge to North Carolina’s egregious Amendment One hasn’t yet reached the Fourth Circuit, it’s legally dead in the water, waiting only for the harpoon, and the Supreme Court isn’t going to try to resuscitate it.

On Tuesday, the mighty Ninth Circuit, which covers Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington, struck down same-sex marriage bans in Idaho and Nevada. By the time the effects of the decisions are fully felt, 35 states will likely have to recognize the right of same-sex couples to enjoy the same legal rights the rest of us take for granted.

As one might expect, the haters and bigots went nuts. Sen. Green Eggs and Ham himself, Mr. Ted Cruz of Texas, referred to the decision of the SCOTUS not to intervene as “the worst kind of judicial activism.”

Get that? Doing nothing is now “activism.” Proof once again, as if you needed any, that the words “judicial activism,” like the words “liberal” and “leftist,” have been robbed of all meaning other than “anything I don’t like.”

Meanwhile, Sen. Mike Lee of Utah fell back on the tired and hackneyed complaint about “unelected judges”: “Whether to change that definition [of marriage] is a decision best left to the people of each state — not to unelected, politically unaccountable judges.”

Sadly, Sen. Lee, like most right wingers claiming to be defenders and upholders of the Constitution, seems to know very little about it. See, according to that pesky old Constitution, federal judges, including those on the Supreme Court, aren’t elected, and therefore not “politically accountable.”

That’s how the whole thing was set up from the beginning, for the very reason that the interpretation of federal law (including the Constitution) shouldn’t be subject to the vagaries of political opinion, and that you can’t “leave it to the people of each state” if what they decide to do, even via popular vote, violates the Constitution. You got a problem with that, take it up with the Founding Fathers.

It’s particularly amusing because Sen. Lee himself used to work for one of those “unelected and politically unaccountable” judges, namely Justice Samuel Alito, for whom Mr. Lee clerked. So we can assume he knows better and is just playing to the rubes — sorry, I mean the “base.”

As of this writing, the rulings and others like them have not caused the collapse of so-called “traditional” marriage. Despite the fretting of Butch Otter, Idaho’s wonderfully named governor, allowing same-sex marriage has not led “opposite-sex couples to abuse alcohol and drugs, engage in extramarital affairs, take on demanding work schedules, and participate in time-consuming hobbies.” At least not any more than they already do.

As Ninth Circuit Judge Stephen Reinhardt drily observed in responding to that argument, “We seriously doubt that allowing committed same-sex couples to settle down in legally recognized marriages will drive opposite-sex couples to sex, drugs, and rock ’n’ roll.” Dang it, I was so looking forward to that.

All that said, the issue isn’t completely over. It’s entirely possible that another federal circuit — say the Fifth (Louisiana, Mississippi, and Texas), Sixth (Ohio, Kentucky, Michigan and Tennessee), or Eleventh (Alabama, Florida and Georgia) — which still have cases on marriage equality pending, may decide differently than the ones whose decisions the Supreme Court left alone.

That would create the dreaded “split between circuits,” at which point the Supremes would almost certainly decide they needed to step in and resolve the question once and for all as to whether states can deny people the fundamental right to marry and equal protection of the law just because they’re different.

Let’s hope they decide to stay on the right side of history and tell them, “No, you can’t.”

He Who Would Speak the Truth Should Keep One Foot in the Stirrup

Elena Kagan: Supreme Court Confirmation Hearings 'Vapid and Hollow Charade'

If potential Supreme Court nominee Elena Kagan ever makes it to the Senate Judiciary Committee for confirmation hearings, she might have to explain comments she once made that modern day confirmation hearings have become a "vapid and hollow charade."

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In 1995, after spending time as a staff lawyer on the judiciary committee during the nomination of Justice Ruth Bader Ginsburg, Kagan made clear her frustrations: "When the Senate ceases to engage nominees in meaningful discussion of legal issues, the confirmation process takes on an air of vacuity and farce."


I confess, I really haven't been following the guesswork and crystal-ball gazing over who Stephens' replacement is going to be on the SCOTUS. I rarely do, actually, until there's a nominee.

But this Kagan lady just made my short list of who I'd like to see get the nod. The fact is, the confirmation process has indeed become a farce, a shameful exhibition of grandstanding and bloviation by Senators on both sides of the aisle, a tale told by a hundred idiots, full of sound and fury, signifying nothing.

Of course, making this truthful observation has probably doomed Kagan's chances, more's the pity.