Courts and (Public) Opinion

In a letter in Thursday’s Letters section of The Wall Street Journal, Walter Smith claims to have argu[ed] several cases personally before the Supreme Court (“claims,” because unlike many Letter writers, his signature block makes no mention of his status as a lawyer, past or present), and he expressed considerable dismay over the basis of Court decisions and subsequent Court “legitimacy.”

The court’s majority has made clear that it doesn’t care about public opinion or many of the harmful consequences of its decisions.

I have to wonder how many cases Smith won before the Supreme Court, with such a breathtaking lack of understanding of the Supreme Court’s—of any American court’s—role, an understanding any first year law student gains.

The Court’s role is not to wave to and fro with the winds of public opinion, but to rule on what the Constitution and the statute(s) before the Court say.

Full stop.

That’s why judges and Justices have lifetime appointments—deliberately to insulate them from public opinion, and from politics altogether.

But Smith wasn’t done.

As Abraham Lincoln said: “Public sentiment is everything. With public sentiment, nothing can fail. Without it, nothing can succeed.”

Indeed. But that was Politician Lincoln, not Judge Lincoln. If Smith doesn’t like the Court’s rulings, his beef is with the political branches of our republican government, the men and women of which wrote the laws the Court must apply.

I suggest he begin his remedial training on the American legal system by writing our Constitution’s Article I, Section 1, 100 times on his blackboard.

Revisionist History

Karl Rove, in his Wednesday Wall Street Journal op-ed, identified a number of Progressive-Democratic Party candidates running for office in the current mid-terms who deny their own words in the nearby past.

Those politicians are Robert Francis O’Rourke, who denies his words favoring defunding—even dismantling—police and police departments; John Fetterman, who calls reminders that he said we could reduce our prison population by a third and not make anyone less safe just lies; Mandela Barnes, who called critiques of his wanting to defund the police just lies; and Raphael Warnock, who called criticisms of his Ebenezer Baptist Church’s attempts to evict tenants who were late on their rent payments due to the straits the Wuhan Virus situation put them into—you guessed it—just lies.

Fetterman’s “memory failure” could well be an outcome of his stroke, which makes his medical fitness for office highly questionable.

O’Rourke, Barnes, and Warnock do not have that excuse. They’re just lying, and with their lies, they’re insulting the intelligence of us average Americans. And by that are unfit for office.