-Caveat Lector-
[This is from an advocacy ad in today's NYT. It was paid for by
"People for the American Way."]
By Stopping the Vote Count in Florida, The U.S. Supreme Court
Used Its Power To Act as Political Partisans, Not Judges of a
Court of Law
We are Professors of Law at 120 American law schools, from every
part of our country, of different political beliefs. But we all
agree that when a bare majority of the U.S. Supreme Court halted
the recount of ballots under Florida law, the five justices were
acting as political proponents for candidate Bush, not as judges.
It is Not the Job of a Federal Court to Stop Votes from Being
Counted
By stopping the recount in the middle, the five justices acted to
suppress the facts. Justice Scalia argued that the justices had
to interfere even before the Supreme Court heard the Bush team's
arguments because the recount might "cast a cloud upon what
[Bush] claims to be the legitimacy of his election."
In other words, the conservative justices moved to avoid the
"threat" that Americans might learn that in the recount, Gore got
more votes than Bush. This is presumably "irreparable" harm
because if the recount proceeded and the truth once became known,
it would never again be possible to completely obscure the facts.
But it is not the job of the courts to polish the image of
legitimacy of the Bush presidency by preventing the disturbing
facts from being confirmed. Suppressing the facts to make the
Bush government seem more legitimate is the job of propagandists,
not judges.
By taking power from the voters, the Supreme Court has tarnished
its own legitimacy. As teachers whose lives have been dedicated
to the rule of law, we protest.
There are lots of names surrounding the text. About 10% are
barely readable. The remaining names and affiliations are
completely illegible. I find this curious for an advocacy ad,
but given the substance of the ad and the supposed positions of
the signers, perhaps I can understand.
Let's see if I can condense all the outrage I feel about this ad
into a single thought. Do these Great Men dedicated to the rule
of law protest every decision of the Court where the Court
assumes power for itself, or do the Great Men limit their
displeasure to cases where they don't like the result?
=================================================================
Kadosh, Kadosh, Kadosh, YHVH, TZEVAOT
FROM THE DESK OF:
*Michael Spitzer* <[EMAIL PROTECTED]>
~~~~~~~~~~~~~~~
The Best Way To Destroy Enemies Is To Change Them To Friends
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