Showing posts with label Clarence Thomas. Show all posts
Showing posts with label Clarence Thomas. Show all posts

Thursday, March 3, 2016

The Trickle Down Jurist™ Is Buried

Antonin Scalia
Visiting University of San Francisco School of Law
Antonin Scalia once said, "Originalism says that when you consult the text, you give it the meaning it had when it was adopted, not some later modern meaning." By that paper thin theory of law, modern gun muppets could only rely on the protection of the 2nd Amendment for black powder muskets of 1787. 
The "Originalist" interpretation arose from the University of Chicago that gave us both Justice Scalia and the master economist Milton Friedman, guru for the upper classes of big money and gigantic corporations. The darling of the Reagan conservatives and Fed Chairman Alan Greenspan, Milton Friedman invented the Trickle Down theory of economics. Basically Trickle Down economics says the wealthy few of a society will let their spare money trickle down to the less lucky. Friedman won a Noble Prize for his efforts, and he spent the rest of his life lecturing on this sure fire theory of wealth.
The one big problem with Trickle Down economics is that it focuses myopically only on money and interest rates and banking for controlling and boosting and trimming the giant economy of the nation. Anyone can see that such a theory ignores humans and their everyday needs like food and healthcare and clothing. Such single-minded economics gave us the breakdown of 2007 and all the banks and the stock brokers who were just too big to fail. The failure and inhumanity of Trickle Down economic theory can be easily seen in the destruction of the once grand American city of Detroit, Michigan. 
Trickle Down jurisprudence allowed the present Michigan Governor to demolish fresh water supplies for the nearby City of Flint. 
Human Rights like money do not really Trickle Down from on high. 
Why did this happen? There is an old Southern expression, "Rich as a Crooked Judge" that applies well here. 
Antonin Scalia and some of the other Justices lived like jet set kings for many, many years. A few months ago the Koch brothers were flying Scalia and Clarence Thomas and Samuel Alito around to their places in Vail and in Aspen and even Palm Springs for little meets and greets and schmoozes. The Kochs would also send Scalia on little hunting weekends. 
That Scalia liked to hunt and kill small animals says a lot about his character. So Scalia died down in Texas at Cibolo Creek Ranch as a guest of brave huntsman billionaire Tom Poindexter. All these patrons all had monetary and political interests in decisions to be made by the Court. Just two weeks ago, Scalia was hanging out in Hong Kong on who knows whose tab. 
Yes, living the high life paid for by a potential litigant in your court is grossly unethical. But why not, since the Supreme Court has no formal ethical standards. The Supreme Court may never have any rules because of their very own Citizens United decision, and the resulting fringe benefits from the Koch Koch Klan™ and the like. 
California and New York and most other states have written rules of ethics for all judges. The American Bar Association published a "Model Code of Judicial Conduct." Look it up and read it. Using a phrase from the Trickle Down Jurist Scalia, the Code is not "gobbledygook." You do not have to have legal training to understand the rules. The Code is an ethical template for all American Judges. The Code makes rules of ethics based on the western morality of all Americans. Here's the rules, or canons, of the Code from the ABA pages.
CANON 1 A judge shall uphold and promote the, independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety.
CANON 2 A judge shall perform the duties of judicial office impartially, competently, and diligently.
CANON 3 A judge shall conduct the judge’s personal and extrajudicial activities to minimize the risk of conflict with the obligations of judicial office.
CANON 4 A judge or candidate for judicial office shall not engage in political or campaign activity that is inconsistent with the integrity, or impartiality of the judiciary.
©2010 by the American Bar Association. All rights reserved.
The Supreme Court has no such Code. Justice Samuel Alito recently said that the US Senate should not appoint a replacement for Justice Scalia. By making such a public declaration Alito was clearly engaging in political activity. And thereby Alito was in violation of the ABA's Code. See Canon 4 above. But there's no problem for Alito because there's no Code for the members of the Supreme Court to follow.
Justice Clarence Thomas wife, Virginia Lamp Thomas is also a lawyer. For several years, Mrs. Thomas worked for the Koch Brothers and Karl Rove at the Heritage Foundation. Then she decided to start up her very own non-profit, LibertyCentral.org, to extoll the Tea Party, that in turn was a creation of the Koch Brothers and Karl Rove. According to reports Mrs. Thomas has earned almost a million dollars from these organizations over the past decade. By Canon 3 above, Justice Thomas is thereby in violation because his close family member, Mrs. Thomas causes Justice Thomas to be in direct conflict over decisions made that may benefit the Koch Brothers and their Tea Party.
The Citizens Untied decision that allowed unlimited secret money to be used in American elections is only one such example of a conflict benefiting the Koch Brothers and Karl Rove. And that decision reaffirmed the legal concept of any corporation having the same equal rights granted any individual human being by our US Constitution. 
It has been lovingly reported by tea party media muppets that “Antonin Scalia Was a True Wit and the Best Comic on the Supreme Court!” Antonin Scalia and the other male partisans on the Supreme Court were placed there to overthrow Roe v Wade by embedding theocratic law into our legal system.
That cruel plan has not yet played out, and hopefully the passing of the Trickle Down Jurist Scalia will stall the theocracy for another decade or two. 
So our Supreme Court decided there should be no limits on the cash in American politics and that Corporate ephemera are people!
Let's get some written ethical standards for the Supreme Court! 
This story will be told far into the future about those corrupt Trickle Down times of the Supreme Court's five to four majority kowtowing to corporate and religious doctrine.

Once a Family Home in Detroit, Michigan
Now a Victim of Both Trickle Down Economics
and Trickle Down Justice

Monday, January 30, 2012

God and Man at Court




SCOTUS
(The Supreme Court of the United States)

For anyone in media, an institution is defined by how it looks. It's almost a throwback to the old right wing cliché: "If it walks like a duck, ... and talks like a duck... it's a duck." That quip was attributed to Richard Cardinal Cushing of Boston. And speaking of Catholic people, about twenty-five percent of Americans are Catholic. But about sixty-seven percent of our Supreme Court Justices are Catholic. That's six of the nine total Justices. The remaining three Justices are Jewish. How did this happen that we have such a skewed Catholic majority on the Court? It may be because the United States Senate is skewed to right wing religious dogma like the never-ending story of the evangelical movement to disrupt and repeal the Roe v. Wade decision by the Supreme Court. The ruling, for the first time in America's history, allowed women to control their own reproductive organs away from the purview of some obese and heavy breathing political creep from Kansas. The Senate of course approves every nominee to the Supreme Court. Many Senate members lately rely on endorsements by those radical evangelical god people who would like to repeal the right to vote for women and return to the rule of old white god people for our nation. America can then be secretly declared pure as the greatest and most powerful theocracy in the history of the world.

Another explanation is that the look of the court is a bit like the Vatican Council of Cardinals in Rome. Like the Vatican Council's relationship with the Catholic Church and the Pope, the Supreme Court has a single special purpose to provide legal consent to the works of the US Congress and the President. Like the President, the Pope governs over the entire church. The Council has a sort of veto over who can govern because they elect the Pope into his white robes. The black robed grand Council guides the church by declarations and fiats to lesser members of the church, but the Pope reigns supreme.


The Second Vatican Council


Like the Cardinals of the Vatican Council, the US Supreme Justices all wear elegant official black robes. Unlike the Vatican Cardinals, nota bene that the Supreme Justices have high chairs that loom above any litigants and observers in their Grand Courtroom. Their high chairs befit the Supreme Justices's essential places of honor and eminence in doing the majestic business of the American constitutional republic. A few years ago a coffle of Supreme Justices wrote the Citizens United decision invalidating an enacted law of the lesser and misinformed US Congress concerning money in US elections. Hopefully someday soon Citizens United will be looked upon as the Plessy vs. Ferguson of it's day. But pro tempore, Corporations are people.

We all know that Corporations and their private jets are not people. It is patently absurd that the American legal system has kept the lie of corporate citizenship as truth. Compare this decision to the ancient works of Cardinals in Rome to determine the exact number of angels who can sit on the tip of a needle. Or precisely how some poor penitent must be burned at the stake. Both Thomas and Scalia appear to have bias in both the Citizens United and the pending Affordable Care Act (ACA) cases. No other Justices as far as I can find have attended political events sponsored by financiers like the Koch Brothers. 

The operative word here is "Appearanc­­e" of bias. Thomas and Scalia "appear" to have bias because of their close associatio­­n with parties advocating a particular side of a question before the court. Last winter Thomas visited with the Koch Brothers in Rancho Mirage Palm Springs, California, and apparently Scalia went hunting on the Brothers tab in Colorado. The Koch Brothers finance dozens of radical right wing causes including paying for the pitiful Huckabee ads on cable TV to abolish the ACA.

Appearance of Bias. Go look it up on the American Bar Associatio­n (ABA) site under Judicial and Legal Ethics:"Canon 9 of the ABA Model Code concerning the appearance of profession­­­al impropriety." Then look up Judicial and Legal Ethics at Cornell University­­. Almost like the recent pederasts in the Catholic priesthood, there's no rules of ethics for our omnipotent Supreme Court. And there's no power in our government to tell the Justices to get some bare ethics code. Perhaps we should all pray to guarantee goodness in the hearts of our Justices.

Justice Scalia is obviously a very charming and political person. He bravely goes on hunts for deer and ducks in the wilderness. He defiantly transplants shoots of dark hair to conceal his widow's peak and preserve his youth. Justice Scalia stated once that "The Constitution is a static being." Does this mean Justice Scalia is declaring stare decisis dead? In short, stare decisis is the basic premise in English common law like our system that past legal decisions must be relied upon for future legal decisions. If the Supreme Court does not follow legal precedent then it may be stepping on the legislative powers of the US Congress. The media calls this judicial activism. So what was the Court doing in Citizens United? No other decision in SCOTUS history has more "Dynamic," as opposed to "Static," implication than this one. This Citizens United edict was certainly radical judicial activism. Perhaps Justice Scalia would like to explain what he meant by "Static" in his speech. Or would he defer to FoxFake News for counsel.

Finally, where did Chief Justice Roberts get his promised-at-confirmation stare decisis for Citizen's United? The Council of Orange? Our nation's legal system has been transformed into a theocracy with the highest grace bestowed on the corporation because the individual is warped by original sin.

The Seal

There's an old saying that the trouble with any organization starts at the top. Just like the Catholic religion, our American Republic has three tops. In Catholicism, god the father, god the son and god the holy ghost are the theological triple. In the US, we have the Legislative, the Executive and the Judicial triple. The US Congress is apparently the best money can buy. And to get elected to the highest Executive offices takes even greater bags of money than the Congress.

Because of the money, there's no recourse for regular people except to pray to god for change. Change to repent our sins and become more godlike in our dire lives in the dark ages of our Democracy. So we turn to SCOTUS. The Supreme Court appears to be an angelic council of inspired saintly prelates who have the nod of a humane god. Certainly the Supreme Court and their leader Roberts have given no quarter to any humanity in their fiats. Only god and private jets get their precise notice.

The Emblem of the Papacy