Judicial Abuse

The Wall Street Journal has laid out the present abuse. DC Circuit nominee Justin Walker is up for confirmation hearings this week.  Now recall how the so-called watchdog of judicial ethics, the Codes of Conduct Committee tried to get potential judges disqualified from their nominations for the apostasy of belonging to the Federalist Society. There was considerable blowback over the Committee’s draft rule that would have affected the bar: 210 appellate and district judges signed a letter to the Committee demurring from the rule.

One of those letter signers was…Justin Walker. Now the Left, including particularly Senator Sheldon Whitehouse (D, RI), who is a member of the Senate Judiciary Committee, wants to use that letter as the reason to disqualify Walker from the DC Circuit confirmation.

Note, now, that the Committee’s draft rule remains in draft; it has not been withdrawn from consideration.  At this point, the WSJ exposed a surprising naivete.

Chief Justice John Roberts is the official head of the Judicial Conference, and he should call Judge [Codes of Conduct Committee Chairman Ralph] Erickson and tell him to kill this draft forthwith.

Roberts has shown himself too timid and too mindful of his image in the press to make such a call.

On the other hand, his call isn’t strictly necessary: the Codes of Conduct Committee is a committee of the Judicial Conference of the United States. The latter, in turn, is a creation of the Congress.

It would be straightforward for an honest Congress to rein in the Code of Conduct Committee, to disband it altogether, to alter the Judicial Conference, to disband that body altogether, or to otherwise reform the Judicial Conference so as to eliminate abuses like those of its subordinate committees.

On the third hand, reform is especially difficult with the present House.

Look for an especially vitriolic “hearing” by the Judiciary Committee’s Progressive-Democrat members.

Micromanagement

California’s Governor Gavin Newsom (D) has published a list of activities he deems permissible for Californians to engage in while they’re outdoors.

Specific activities, carefully enumerated. Not principles of (social distancing) behaviors, particular behaviors.

Activities Newsom will allow [scroll down to Outdoor recreation] include

  • badminton—singles, mind you, doubles are too many
  • BMX biking—but not just pedaling around neighborhood
  • gardening—again, singles. Your kids or spouse aren’t allowed to help
  • car-washing—here, too, no spousal or kid help. And if it’s a kid chore, he’s on his own
  • tree climbing—unspecified as to whether a boost up is allowed
  • picnics (with your stay-home household members only)—but these persons aren’t allowed to participate with you in any of the above. Go figure
  • throwing a football, kicking a soccer ball (not in groups)—apparently you have to go get your own football or soccer ball after you’ve thrown/kicked it. Or maybe you’re allowed to get your dog to fetch

The list goes on. Throwing a baseball or a frisbee isn’t enumerated, so those likely are barred. Newsom claims his list is non-exhaustive, but it’s entirely too detailed and picayune to believe that it’s not nearly so.

This is the sort of micromanagement that demonstrates both the incredible insecurity of the micromanager and his tyrannical tendencies.

This is not the freedom and personal responsibility that Californians used to have.

Another Crackdown

Maybe cut from the same cloth: you can’t dispute with me—I’m your government.

The organizer of a protest against New Jersey’s coronavirus stay-at-home order is facing a criminal charge, authorities said.
Kim Pagan, of Toms River, NJ, was charged Friday following the small but noisy demonstration in front of the New Jersey Statehouse in Trenton.
New Jersey police accused Pagan of violating emergency stay-at-home orders issued by Governor Phil Murphy [D] to contain the spread of the coronavirus.

Never mind our Constitution with its petty little nonsense about the right of the people…to petition the Government for a redress of grievances. Those are just words, as Murphy makes clear:

When I use a word, it means just what I choose it to mean—neither more nor less.

The question is…which is to be master—that’s all.

There is one critical difference here from the situation in Hong Kong: jury nullification is available, and it works.

A Crackdown

Or maybe a purge beginning. Fourteen (so far) Hong Kong protestors now are under arrest by the People’s Republic of China Hong Kong police for their rudeness in objecting to the PRC satrap government’s behavior.

Among those arrested Saturday were 81-year-old activist and former lawmaker Martin Lee and democracy advocates Albert Ho, Lee Cheuk-yan and Au Nok-hin. Police also arrested media tycoon Jimmy Lai, who founded the local newspaper Apple Daily.
The sweeping crackdown amid a coronavirus pandemic is based on charges of unlawful assembly stemming from huge rallies against proposed China extradition legislation….

Naturally, the PRC has defended those arrests and the West’s objections to them. Here’s the Office of the Commissioner of the Chinese Foreign Ministry in Hong Kong:

It is completely wrong that the UK Foreign Office spokesperson has distorted the truth by painting unauthorized assemblies as “peaceful protests….”

Because, after all, when a Government official uses a word, it means just what he chooses it to mean—neither more nor less.

This is what the Republic of China can look forward to. “One country, two systems” really means that second system is subjugation. And the dictionary will have only Government-approved definitions.

在中国, Newspeak 还活得很好.

Planning

Many nations are beginning to look at how to release the stay-at-home encouragement regimes and outright lockdown/quarantine requirements, including the United States (and several of the individual States and groups of States), the European Union sort of confederation of nations, Austria, among others.

A bit of second-guessing by me: these “looks at” should have been ongoing, with plans nearing readiness as plans to reduce or release restrictions draw nigh.

Any flag officer, knowing logistics, could tell you this.

Just as a sensible person is reluctant to enter a building before knowing where at least some exits are located, so a sensible government shouldn’t be entering widespread stay-at-home encouragements, much less lockdowns, without also having at least begun planning for easing/releasing the restrictions and for post ease/release recovery.