Know what you’re buying: Judges who have empathy vs. rule of law

5 May 2009 TBLeave a comment

Lady Justice From Thomas Sowell in National Review Online:

That President Obama has made “empathy” with certain groups one of his criteria for choosing a Supreme Court nominee is a dangerous sign of how much farther the Supreme Court may be pushed away from the rule of law and toward even more arbitrary judicial edicts to advance the agenda of the Left and set it in legal concrete, immune from the democratic process.

Would you want to go into court to appear before a judge with “empathy” for groups A, B, and C, if you were a member of groups X, Y, or Z? Nothing could be farther from the rule of law. That would be bad news, even in a traffic court, much less in a court that has the last word on your rights under the Constitution of the United States.

Appoint enough Supreme Court justices with “empathy” for particular groups and you would have, for all practical purposes, repealed the 14th Amendment, which guarantees “equal protection of the laws” for all Americans.

We would have entered a strange new world, where everybody is equal but some are more equal than others. The very idea of the rule of law becomes meaningless when it is replaced by the empathies of judges.

Barack Obama solves this contradiction, as he solves so many other problems, with rhetoric. If you believe in the rule of law, he will say the words “rule of law.” And if you are willing to buy it, he will keep on selling it.

Those people who just accept soothing words from politicians they like are gambling with the future of a nation. If you were German, would you be in favor of a law “to relieve the distress of the German people and nation”? That was the law that gave Hitler dictatorial power.

He was just another German chancellor at the time. He was not elected on a platform of war, dictatorship, or genocide. He got the power to do those things because of a law “to relieve the distress of the German people.”

When you buy words, you had better know what you are buying.

Timing is everything: The foolishness of U.S. law

9 February 2009 TBLeave a comment

This is the world in which we live. A Florida woman, who was seeking an abortion as an 18-year-old, sued a doctor, a clinic and its staff because her daughter was born alive and then put into a trash bag. The murderer, who was not present at delivery but later “cleaned up,” had his license to practice medicine revoked because he falsified records by saying he was present for delivery.

There are no heroes in this tragic story, where a matter of minutes changes an action, in the eyes of the law, from legal and “safe” (for the mother, not the child) to shocking and harmful (to the mother’s mental health, apparently). From the report, which points out, “(t)he state attorney’s office …said its criminal investigation into the incident is ongoing and no charges have been filed. A fetus born alive cannot be put to death even if its mother intended to have an abortion, police said when the incident occurred in 2006.”:

The baby’s mother, Sycloria Williams, sued [doctor Pierre Jean-Jacques] Renelique, the clinic and its staff in January, seeking damages.

She alleges in her suit that “she witnessed the murder of her daughter” and said she “sustained severe emotional distress, shock and psychic trauma which have resulted in discernible bodily injury.”

“This is not about a pot of gold,” said Tom Pennekamp, her attorney. “What this is about is right and wrong and making a statement, making sure it doesn’t happen to other young women.”

According to the suit, Williams, then 18, discovered while being treated for a fall that she was 23 weeks pregnant. She went to a clinic to get an abortion on the morning of July 20, 2006, after receiving medication and instructions the previous day.

Renelique was not at the clinic, however, and Williams was told to wait for him. She was given two pills and told they would make her ill. When she complained of feeling ill, clinic staff members gave her a robe and told her to lie down in a patient room, the suit says.

Renelique was still not present when Williams “felt a large pain” and delivered a baby girl, according to the suit.

“The staff began screaming and pandemonium ensued. Sycloria watched in horror and shock as her baby writhed with her chest rising and falling as she breathed.”

A clinic co-owner entered the room and used a pair of shears to cut the baby’s umbilical cord, the suit said. She “then scooped up the baby and placed the live baby, placenta and afterbirth in a red plastic biohazard bag, which she sealed, and then threw bag and the baby in a trash can.”

Staff at the clinic did not call 911 or seek medical assistance for Williams or the baby, the suit said.

Renelique arrived at the clinic about an hour later and gave Williams a shot to put her to sleep. “She awoke after the procedure and was sent home still in complete shock,” the suit said.

Police were notified of the incident by an anonymous caller who told them the baby was born alive and disposed of.

Playing by the rules

2 May 2008 TBLeave a comment

To go a little different route, here’s an article I came across today from the National Review Online detailing the lengths groups which claim to be civil rights advocates will go to curtail views that are different from theirs.

The subject of the article is the battle to redefine marriage in California. While the state has already passed legislation defining marriage as between one man and one woman, opponents have enlisted the courts to overturn the law. A new measure is now being placed on the ballots by way of petition. This has led to vigorous opposition:

This, in turn, led to an increasingly desperate and hostile attempt to block the efforts of petition-gatherers. Brian Brown, the director of NOM who has moved back to California (where he was raised) to help the campaign, explains that a group called Equality for All reports more than 1,000 volunteers (some from out of state) for their “Decline to Sign” campaign, while there are only about 200 petition-gatherers working in the state.

The anti-amendment group solicits reports of petition-gatherers’ whereabouts, and then sends volunteers to where the gatherers are working. These volunteers are ostensibly persuading voters that the amendment is a bad idea. Brown notes, however, that they are beginning to document reports of petition-gatherers being physically blocked, yelled at, and intimidated. These complaints have become frequent. Brown admits that the day and night efforts to keep voters from getting an amendment on the ballot have made the process more difficult.

Interference with signature-gathering is illegal in California. As Gallagher points out, there is a sad irony in “civil-rights” organizations trying to prevent Californians from exercising one of their most basic rights.

To read the entire article, go here.