Another Judicial Misbehavior

The Fifth Circuit, in a 9-6 ruling, has said that Texas’ Voter ID law violates the Federal Voting Rights Act and returned it to the trial court to…fix…it.

[The appellate court] instructed a lower court to come up with an “interim remedy” before the November election.

Therein lies a major part of the problem.  Regardless of what one might think of the particular law, any alteration to it is a political matter, to be done by the people and their elected representatives.  The courts have no authority whatsoever to write law or to rewrite an extant one; indeed, our Constitution explicitly bars the courts from such things.

There’s more.  Writing for the majority, Judge Catharina Haynes wrote this, having already acknowledged that there is no direct evidence of discriminatory intent.

In this day and age we rarely have legislators announcing an intent to discriminate based upon race, whether in public speeches or private correspondence. To require direct evidence of intent would essentially give legislatures free reign to racially discriminate so long as they do not overtly state discrimination as their purpose and so long as they proffer a seemingly neutral reason for their actions.  This approach would ignore the reality that neutral reasons can and do mask racial intent….

In other words, whenever legislators disagree with judges, judges must proceed from a presumption of dishonesty on the part of the legislators.  Direct evidence be damned.

[C]ourts may consider both circumstantial and direct evidence of intent as may be available.

Because circumstantial evidence, especially in the absence of direct evidence, can be interpreted in any way convenient to the judge’s predisposition—or to a litigant’s narrative.  That’s why circumstantial evidence is so sketchy in the first place.

The dissent, written by Judge Edith Jones, makes the majority’s shameful behavior plain.

No one doubts our unwavering duty to enforce antidiscrimination law. But in this media-driven and hyperbolic era, the discharge of that duty requires the courage to distinguish between invidious motivation and shadows. The ill-conceived, misguided, and unsupported majority opinion shuns discernment. Because of definitive Supreme Court authority, no comparable federal court precedent in over forty years has found a state legislative act motivated by purposeful racial discrimination.

All of that represents a very serious bit of judicial misbehavior, and it puts a premium on getting this 2016 election right.  A Progressive-Democrat in the White House, together with a Democrat-owned [sic] Senate, will have damaging effects far beyond the Supreme Court damage I’ve been on about in other articles: they’ll have their impact on lower courts, too, and throughout our judicial system.

The ruling can be seen here.

Welcome to the Bigs

…and to the way the People’s Republic of China treats its foes, Mr President,

Recall that the PRC was resoundingly crushed in a case brought by the Philippines concerning the PRC’s violations of Philippine waters in the South China Sea, the Permanent Court of Arbitration in The Hague having ruled, sharply, in favor of the Philippines on all but the most trivial of the charges.

Recall, also, that newly elected Philippine President Rodrigo Duterte had said—repeatedly—that he wanted bilateral talks with the PRC regarding the South China Sea and the items in dispute.

At a cabinet meeting in progress when word of the ruling arrived, one of Duterte’s Ministers said he’d had dinner the night before with the PRC’s ambassador, and that ambassador—before the ruling had been announced—had provided a list of things the PRC required Duterte to say and not say in any press release he might release about the then-forthcoming ruling.  Earlier that same day of the dinner, too, Duterte had met with that same ambassador to assure him that no embarrassing remarks would be forthcoming.  Duterte’s response to that list?

 Didn’t he trust what I told him?

Welcome, indeed, to the contempt with which the Center of Heaven views its foes.

Democrats vs Democracy

The Democrats assaulted democracy in Wisconsin and Indiana, saying by deed, “No democracy for you until we get our way.”

Now they’re taking their assault to the nation.  No democracy for us until they get their way.  And then it’ll be their version only.  Recall the Democrats’ assault on democracy as they tried to shut down the Congress of the United States because they couldn’t get their way on gun control.  They’re threatening to block our democracy more permanently unless they get their way.  When Congress reconvenes,

Democrats plan to pick up with their particular firearms attack precisely where they left off in late June with an unprecedented sit-in on the House floor.  From a memo from the Congressional Black Caucus leadership [emphasis added]:

Rep Robin Kelly (D, IL) would like CBC members to be present for Floor activities on gun violence when the House returns to session on Tuesday, July 5, 2016. The plan is to be as disruptive to (House) Speaker (Paul) Ryan (R, WI) as possible next week.

This is part and parcel with the FBI’s decision to whitewash Democratic Party Presidential candidate Hillary Clinton, obeying his instructions from Attorney General Loretta Lynch and President Barack Obama (D).

Elections have consequences.

Democrats’ Censorship

The Democratic Party’s draft platform calls for

the Department of Justice to investigate alleged corporate fraud on the part of fossil fuel companies who have reportedly misled shareholders and the public on the scientific reality of climate change[.]

This is on top of all the Democratic Party State Attorneys General persecuting companies under pseudo-RICO charges for daring speak.  Because we can’t have the average American individual [who] is morally and intellectually inadequate presuming to dispute with the Democrats’ received wisdom.  Nossir.

And

Democratic members of the Federal Election Commission, in a decision to be made public on Thursday, voted last month to punish Fox News over criteria changes for the network’s first Republican presidential primary debate….

Fox News‘ crime, so heinous in the eyes of Democrats? They altered the format of that first debate to expand free speech by increasing the number of Presidential candidate debaters.  We can’t have, after all, those morally and intellectually inadequate Americans having access to too wide a range of view.  Mm, mm.  Fortunately, the honest members of the FEC succeeded in blocking this travesty.

This is what a Hillary Clinton administration will inflict on us.

Barry Goldwater on Power

Via The Wall Street Journal, a paragraph from Goldwater’s 1964 Republican Convention nomination acceptance speech:

Those who seek absolute power, even though they seek it to do what they regard as good, are simply demanding the right to enforce their own version of heaven on earth. And let me remind you, they are the very ones who always create the most hellish tyrannies. Absolute power does corrupt, and those who seek it must be suspect and must be opposed. Their mistaken course stems from false notions of equality, ladies and gentlemen. Equality, rightly understood, as our founding fathers understood it, leads to liberty and to the emancipation of creative differences. Wrongly understood, as it has been so tragically in our time, it leads first to conformity and then to despotism.

Could he have been talking about someone today?