In Which the Court Gets One Right

The Supreme Court ruled 7-2 that the Bladensburg Peace Cross is not an unconstitutional favoring by government of a particular religion, reversing the 4th Circuit. Only Justices Ruth Bader Ginsburg and Sonia Sotomayor dissented.

This is the privately done monument that was

built in 1925 and paid for by local families, businesses, and the American Legion to honor 49 World War I veterans from Prince George’s County [in Maryland]. But the 40-foot cross sits on a now-busy highway median owned since 1961 by a state commission that pays for its maintenance and upkeep.

The American Humanist Association, an anti-religion gadfly with many such attacks, particularly against what it considers Christian devices, had sued for the monument’s removal (these five decades and more after the commission assumed responsibility for the monument).  The appellate court had agreed with the AHA, ruling that the monument is an aggrandizement of Latin Crosses and nothing else.  That court also had displayed its contempt for the intelligence of ordinary Americans, ruling that the “display”

says to any reasonable observer that the commission either places Christianity above other faiths, views being American and Christian as one in the same, or both[.]

However, Justice Samuel Alito, writing for the Court, had the right of it [emphasis added].

The cross is undoubtedly a Christian symbol, but that fact should not blind us to everything else that the Bladensburg Cross has come to represent.  For some, that monument is a symbolic resting place for ancestors who never returned home. For others, it is a place for the community to gather and honor all veterans and their sacrifices for our Nation. For others still, it is a historical landmark. For many of these people, destroying or defacing the Cross that has stood undisturbed for nearly a century would not be neutral and would not further the ideals of respect and tolerance embodied in the First Amendment.

It doesn’t get much clearer than that.

As an aside, Ginsburg in her dissent, which she emphasized by reading it from the bench, echoed the 4th Circuit’s contempt for us ordinary Americans:

As I see it, when a cross is displayed on public property, the government may be presumed to endorse its religious content.  The venue is surely associated with the State; the symbol and its meaning are just as surely associated exclusively with Christianity.

Further to the aside, here is F Scott Fitzgerald’s test of genius:

The test of a first-rate intelligence is the ability to hold two opposed ideas in mind at the same time and still retain the ability to function.

The Court’s ruling, including Ginsburg’s dissent, can be read here.

Appeals to Courts Vice Voters Vice….

Wisconsin’s Progressive-Democrats failed at the polls, for all that they won the Governor’s and Attorney General’s chairs in 2018, so they tried to get the courts to impose their policies by judicial fiat.  That failed, too, so now what?  How can these Know Betters get their plans imposed on the unwashed citizenry?

It seems that the duly elected State legislature and duly elected State governor had passed a number of laws that limited the power of the Governor and the State Attorney General.  The fact that these laws were enacted after those 2018 elections and before the new Governor and Attorney General took office was somehow supposed to delegitimize those laws.  Or so the Progressive-Democrat Governor and AG insisted.  The people were still speaking, but they should not be listened to.

Therefore, these Progressive-Democrats went into court to get the people’s will, as expressed through their elected representatives, tossed out.  The people’s will, after all, is only and precisely what their Know Betters tell them it is.

The Wisconsin Supreme Court said, no, duly enacted law is still law, no matter how inconvenient that might be for this or that political party.

Here’s Ben Wikler, Progressive-Democratic Party of Wisconsin’s chairman, on that outcome:

Power grabs set a dangerous precedent, and anyone concerned about the health of a democracy should be working to fight against it[.]

No trace of irony there.

Wisconsin’s Democratic leaders are pondering their next steps…. Here’s a thought: accept the politically expressed will of your employers, even though you think yourselves better than they.  Leave the courts out of political matters.

Foolishness

In response to a Wall Street Journal editorial on Scot Peterson, the cop who stood outside and listened to the butchery going on inside a Florida school, a Letter to the Editor writer had this to say:

Your editorial leaves out of the discussion how outgunned Scot Peterson and his fellow sheriff’s deputies were against shooter Nikolas Cruz with his AR-15 rifle at Marjory Stoneman Douglas High School. I wonder how many Journal readers (and writers) would have confronted the shooter while bringing a metaphorical knife to a gunfight.

This is just foolish and ignorant along a couple of dimensions.  For one thing, Journal readers (and writers), in the main, are not trained for such dangers and associated risks, the way policemen are.  This is a foolish comparison to make.  The foolishness is illustrated by trained, but wholly unarmed, American men on a French train who defeated and subdued a semi-automatic rifle-armed terrorist.

For another thing, Peterson, and his fellows who arrived as soon as they could, were not seriously outgunned, for all that they had semi-automatic pistols against the butcher’s semi-automatic rifle.  The two types of weapons have similar rates of fire, although the rifle does have a slightly faster one.  Beyond that, the rifle’s primary advantage over pistols is its greater range. That range advantage was greatly reduced—virtually eliminated—in the confined fields of fire available inside a building.

In the end, these slight advantages would have been eliminated by a prompt, determined response and the surprise factor involved.  The advantages would have been reversed entirely by the numbers of police entering as promptly as they could, producing a variety of firing origins against the single point of the butcher.

And in the event, I would expect at least a fraction of (hypothetical) Journal readers (and writers) who might have been on scene to attack the butcher rather than try to duck away.  The folks on scene at the start of an event are, after all, the first responders.

Regulatory Capture

…and campaign finance hypocrisy.  Regulatory capture is where companies subject to this or that regulatory body are large enough and financially successful enough to…influence…their regulators and guide the nature and scope of the regulations to which they, and their competitors, are subject.

The most recent presidential campaign filings show that [Senator Elizabeth, D, MA] Warren and [Senator, I, VT (or D, depending on which spin is current] Bernie Sanders—who has called for ramping up antitrust enforcement and taking on the big tech companies—have each attracted large amounts of contributions from people connected to Google and other tech companies.

As The Wall Street Journal noted just ahead of that cite,

No other candidate for the Democratic presidential nomination has been as eager to call for the breakup of Google as Sen. Elizabeth Warren.

Therein lies the hypocrisy: these two, along with many of their fellow Progressive-Democratic Party Presidential candidates, argue most vociferously for getting Big Money out of campaign finance.

Flip Flops

The Wall Street Journal concerned itself with Progressive-Democratic Party Presidential candidate Joe Biden’s flip flop surrender on the question of abortion rights and the Hyde Amendment.  I have some thoughts on that.

Joe Biden’s best claim to the Democratic presidential nomination is that he’s a moderate liberal who can pull centrist votes from Donald Trump.

?? Biden himself has never made this claim during the present campaign. He led off his campaign by saying he was the most Progressive of all his fellow candidates.

That’s a non sequitur [the premise abortion rights are dependent on zip code]. The existence of a right doesn’t assume the government’s obligation to pay for it.

The second is WSJ‘s own non sequitur. Government doesn’t pay for anything; us taxpayers do. Government only brokers the deal. However, the WSJ‘s sentiment is on track, sort of: we taxpayers aren’t obligated to pay for anyone’s abortion, either.

Biden’s about-face…underscores how far left the Democratic Party’s activist base has moved.

This raises the more important and more general question. As the Progressive-Democrat candidates race each other to the far left to pander to the Progressive-Democratic Party’s base, what will the winner do in the general election?

Will that candidate betray the Party’s base in an effort to appeal to the center and to Independents, or will he betray the center and those Independents in order to stay with Party base?  In either event, how can he be believed by any voter?