Wednesday, November 27, 2019

This is really "missing the point".

As Trump Cases Arrive, Supreme Court’s Desire To Be Seen As Neutral Arbiter Will Be Tested
It announced Tuesday that it will consider on Dec. 13 whether to schedule a full briefing and argument on the president’s request that it overturn a lower-court ruling giving New York prosecutors access to Trump’s tax returns and other financial records in their investigation of ­hush-money payments in the lead-up to the 2016 election.
There are many more such evaluations to come.
“This is a real existential test for this Supreme Court,” said Walter Dellinger, a longtime member of the Democratic legal establishment who argued for President Bill Clinton when the Supreme Court ruled he was not immune from a lawsuit.
“This will be a special moment for the independence of the judiciary and whether the hyperpartisanship that has infected so much of our culture has also infiltrated the Supreme Court.”

This is nonsense. The courts "only" objective (as a matter of constitutional decree) is to get the law correct. They have no requirement to be seen as politically fair to both sides. They do not keep score, where it's one for the Democrats and then one for the Republicans. Their entire existence is dependent on them arbitrating the constitution and the law.

If 20 politically charges cases fall in their lap, and all 20 of them happen to show that the law is on the side of one Political Party or the other, then that is the way that they have to rule. Screw the politicians who might see this is as unfair.

To some degree, this is the criticism of Chief Justice Roberts, who every session seems to come up with one convoluted twisted into knots ruling that allows him to side with the liberal Justices to make things seem more "fair". In fact, there are several stories regarding Roberts switching sides, because he could not convince any other liberals to join him, and thus wanted to avoid another 5-4 decision (on the conservative side).

This sort of criticism (regarding fairness) is aimed directly at influencing Roberts.

The reality here is that you have circuits (such as the 9th) where some of these Judges will rule against Trump for silly reasons that defy common judicial sense. You cannot "reward" these mindless decisions by making sure that you uphold a certain percentage.

The Trump Administration (and DOJ) has won the lion's share of the cases in the end. They seem to lose most of the off the bat (because generally you have judge shopping that end up with resistance judges). I know its frustrating for liberals to see case after case after case overturned on appeal. But the problem isn't with the ultimate result. The problems are with the preliminary rulings.

There is no logical reason for the high court to ever appease that nonsense.

8 comments:

Honest, decent, truthful Rev. said...

"...the Supreme Court ruled [President Clinton] was not immune from a lawsuit."

Anonymous said...



The courts "only" objective (as a matter of constitutional decree) is to get the law correct.

not to a liberal.

liberals focus on a desired outcome and then deploy pretzel logic to twist the constitution to fit that desired outcome.

which is exactly why republican USSC appointments are a political armageddon and there must be war in the process.

compare and contrast kavanaugh to sotomayor and kagan. we knew that sotomayor and kagan were nothing but ideological bozo's, but we put up no fuss because we understood that to the victor go the spoils.

liberal legislative desires are often so fucked up the only way to make them so is via the court.

hence the bloodsport confirmations.

Commonsense said...

Isn't it funny that as long as the court had a liberal majority it's role as a neutral arbiter was never questioned.

Anonymous said...




when the nefarious RBG takes the big dirt nap all hell is going to break loose.


Anonymous said...

US Majority Leader Mitch McConnell will Shepard in yet another Supreme Court Justice in an Presidential Election Year.

I love it.

Commonsense said...

And yet mysteriously Democrats are not making court appointments a major issue.

Anonymous said...

"Government Report Shows Democratic National Committee Is $7 Million in Debt

November 21, 2019"
Palsy/Schiff/Biden/Obama are using US Tax dollars to fund thier Re-election campaign by holding these scam hearings.

Obama added 10 Trillion to the National Debt and bankrupt the DNC.

Anonymous said...

CS, They really should .

But, which of the 4 front runners can carry that torch