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Wednesday, January 13, 2010

Supreme Court Rides Herd, Today

In a brash move, reminiscent of Bush-v-Gore, the Chief Justice at SCOTUS and his cohorts have reached down to bring the crazy, once more.

Given that the appellate court, who must be closer to administrative matters in the 9th circuit, did not overturn the district judge on procedural grounds, the move by SCOTUS looks like an over-reach, especially because they relied so much on the same procedural objections that the appellate court didn't find had merit. The substantive discussion, the other basis for their decision and the part where a broader perspective and nuance might be in play, is ...well, so thin it's pretty laughable. Srsly!

Like Bush-v-Gore, I predict that this decision will be laughed at for years, even if you are against televising because it is inimical to the deliberative process. Bemoaning haste, they've acted hastily.

It's sad.

Especially in the context of this trial, which cries out to be heard, in a unique way. When the Executive, the Legislature, and the voters act in silence, the courts are the people's last hope for Justice:

“Bigotry is the disease of ignorance, of morbid minds; enthusiasm of the free and buoyant. Education and free discussion are the antidotes of both.”

-Thomas Jefferson