Thursday, February 9, 2017

The Judges Are Just So Political: Well, duh!

Tonight, Judy Woodruff interviewed two law school professors about Donald Trump's remarks about the so-called judge who ruled against his Muslim ban and the three judge panel, who, he said, "are just so political."

The liberal judge/law professor, from Colorado  was shocked, just shocked, dismayed, and fearful about the blow to the Constitution, to the separation of powers, to American democracy. She was outraged to hear the President describe judges as political, to say they may harbor bias.  You cannot say that about judges. Judges may be wrong, but they are never biased. 

The conservative judge/law professor, from Utah, shrugged off the President's remarks saying he was speaking plainly and directly and personal attacks on the judges was nothing new in American history.

Much as I hate to agree with anything emanating from the mouth of that elected simpleton in the White House, I had to agree with Mr. Trump about judges being political creatures. 

Judges may be smarter than a bad high school student, but as anyone who has read The Phantom Speaks or Hampton Mad Dog Democrat knows, there is overwhelming evidence Supreme Court Justices are among the most political actors if not the most political actors in government.

The only evidence you need consider is this: If I can present a single paragraph describing a case before the Supreme Court and from that description I can predict with 95% accuracy how each of the Justices will vote on that case, simply by asking: What is the liberal view and what is the conservative view on this case, is that not the ultimate test about the political bias of each justice? 

If Justices were simply calling balls and strikes, you could not know how they would rule. But if the Justices are, in fact, creating a new strike zone with each case, then you can predict just by knowing who their favorite team is.

Over the years, both Phantom and Mad Dog has provided case after case examples of how predictable the Justices are: Those appointed by Republican Presidents vote Republican on cases and the Democrats do the same. Only Anthony Kennedy is a wild care, but for the most part, he votes Republican.

Mr. Trump is, apparently, just discovering this and he is appalled. Just so appalled. It would be just so nice if the judges would only listen to the bad high school student and rule the way Mr. Trump thinks they should. And just as soon as he can appoint one or two more Justices, they will. 

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