A Thought on Judges Retiring

Article III Judges are appointed to their office for life. This is by entirely correct design and mandated in our Constitution: it’s to maximize the political independence of the judges in our court system.

Engraved above the west entrance to the Supreme Court Building is the promise Equal Justice Under Law. Not equal justice on the law, not equal justice under any particular law. Equal justice under law: equal justice under our system of laws. That’s not a binding promise, it’s an aspiration. Binding, though, is our Constitution, which aside from Order[ing] to form a more perfect Union, provides for that equal justice throughout the first 10 Amendments and makes that requirement for equality under law explicit in the 14th Amendment:

…nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

All of that requires judges to be independent of politics.  We the People go further: all Article III judges must take an oath of office:

I, AB, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.

Support and defend our Constitution. Judges must bear true faith and allegiance to our Constitution, not to any political consideration or entity.

Supreme Court Justices take this additional oath:

I, AB, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as [TITLE] under the Constitution and laws of the United States. So help me God.

There’s that equal justice under law bit, again, this time made binding. Again: it isn’t possible for a Justice to faithfully and impartially discharge or perform his duties if politics enter into his considerations.

Against that backdrop was a shocking degree of Leftist pressure on the late Justice Ruth Bader Ginsburg to retire while a Progressive-Democrat President was in office along with a Progressive-Democrat-controlled Senate so that a politically suitable replacement could be appointed to the Supreme Court. Now there is equally shocking Leftist pressure on Justice Stephen Breyer to retire right damn now so a sitting Progressive-Democrat President and a Progressive-Democrat-controlled Senate can appoint a politically acceptable replacement.

Politically acceptable. Not legally adept. Not judicially talented and skilled. Not qualified by extensive experience in law. Politically acceptable.

If our court systems are to maintain even a pretense of independence, if our legal system is to maintain even a pretense of determining justice in an even-handed way, rather than making politically acceptable decisions, judges at all levels must serve as long as they’re of sound mind and sound enough body, and they must retire only when they see fit rather than when it’s politically convenient to one party or another.

Sadly, Progressive-Democrats and their Leftist supporters insist on elevating their politics above justice.

Chit-Chat

The Cubans are protesting their government’s misbehaviors and outright abuses.

President Joe Biden (D) says,

We stand with the Cuban people and their clarion call for freedom and relief from the tragic grip of the pandemic and from the decades of repression and economic suffering to which they have been subjected by Cuba’s authoritarian regime[.]

So, what are you going to do, Mr President, besides stand on the safety of your porch and yap about “standing with the Cuban people?” What concrete actions are you taking or planning on taking (and when) that will materially aid the Cuban people?

Biden is right about one thing, though: this has been going on for decades, across far too many administrations. Now is our chance. Now is Biden’s chance finally to act rather than talk.

Cowards Flee

Texas’ Progressive-Democrats have done it again. Texas Governor Greg Abbott (R) called a special session of the Texas legislature because Texas’ Progressive-Democrats cravenly ran away from the last days of the legislature’s regular session explicitly to deny a quorum and prevent debate and votes to pass or reject a number of critical bills, including a couple of voting bills that would increase ballot security while facilitating voter access to ballots.

These wonders of Progressivism were too cowardly and too arrogant (with all the overlap between the two) to debate and vote—even to allow debate and voting. So much for their pious pretense of favoring voting.

Now, those same Progressive-Democrats have blown up the special session, wasting all the Texas taxpayer money spent on that special session, and run away again.

And they bragged about their cowardice. James Talarico (D, 52nd District), among the Progressive-Democrats who jetted out of the state on a chartered jet:

Just landed in Memphis on our way to DC. Thank y’all for your well wishes.

They showed their privilege again, too: they chartered private jets in which to flee to DC; they couldn’t even be bothered to fly commercial, or to take the train, or (gasp!) drive themselves.

Rich cowards fleeing.

Some did jump on a bus, though.

Others were reportedly pictured on a DC-bound bus with packs of Miller Lite.

Not even a Texas beer, even if it is a Dallas Cowboys sponsor; that just shows the Precious Ones’ virtue signaling. Miller is sold by Chicago, IL, headquartered Molson Coors. These wonders couldn’t even be bothered to bring packs of Shiner Bock or Texas Red.

Party down, guys. In every sense of that phrase.

Oh, and one more thing. The Progressive-Democratic Party’s leadership has already termed the filibuster a relic of Jim Crow. Here is that party–the Party that invented Jim Crow–by running away, reviving this relic. And they’re proud of it.

Responsibility

Recall that Texas’ Progressive-Democrats scuttled out of the end of Texas’ last legislative session, and that in response to their misbehavior, Governor Greg Abbott said he’d veto the part of Texas’ budget appropriations that funded the legislature. Last Friday, Abbott did precisely that.

Texans don’t run from a legislative fight, and they don’t walk away from unfinished business. Funding should not be provided for those who quit their job early, leaving their state with unfinished business and exposing taxpayers to higher costs for an additional legislative session. I therefore object to and disapprove of these appropriations.

Now hear the squalling by Texas’ Progressive-Democrat legislators.

…the budget article also funds rank-and-file staffers such as clerical and maintenance workers

Fox News cites them as saying. And House Democratic Caucus Chair Chris Turner:

Texas has a governor, not a dictator.

Never mind that it’s the minority Progressive-Democrats who are openly attacking democracy, attempting to impose their own diktats, by refusing to allow our State’s democratically elected legislature carry out its democratic duty by voting on a bill those Progressive-Democrats don’t like. Since they fear (probably accurately), they’d lose the vote, they moved to block the vote altogether. How dictatorial is that?

Regarding the rank-and-file staffers such as clerical and maintenance workers about whom those Progressive-Democrats so piously pretend to care, it’s those Progressive-Democrats’ misbehavior that has put the rank-and-file at risk. If they had allowed democracy to proceed, there would have been no need for Abbott to take such action.

The Progressive-Democrats know this full well.

Texas’ Progressive-Democrats are loudly—and offensively, I say—crying their crocodile tears.

A Right to be Racist

Recall the Biden administration’s farm loan relief program that the Department of Agriculture had set up to provide loan relief to black and brown farmers while explicitly excluding white farmers.

Recall further that

Judge William Griesbach found in an order issued Thursday [10 Jun] that the white farmers “are likely to succeed on the merits of their claim” that the US Department of Agriculture’s “use of race-based criteria in the administration of the program violates their right to equal protection under the law.”

The Ag Department rejects that ruling:

We respectfully disagree with this temporary order and USDA will continue to forcefully defend our ability to carry out this act of Congress and deliver debt relief to socially disadvantaged borrowers.

Here are Progressive-Democrats forcefully defending their self-created right to be racist in their governance of our nation.

This is despicable, and it needs to be remembered throughout the fall of 2022, and beyond.