Too Much Deference

On Wednesday last, the Supreme Court enjoined Governor Andrew Cuomo’s (D) New York State administration from enforcing its gathering rule that had the effect of targeting, particularly, religious institutions and gatherings.

Much has been made of the ruling, Justice Neil Gorsuch’s concurring opinion, and Chief Justice John Roberts’ dissenting opinion.

Here’s the pertinent part of the ruling’s opening paragraph:

Respondent is enjoined from enforcing Executive Order 202.68’s 10- and 25-person occupancy limits on applicant pending disposition of the appeal in the United States Court of Appeals for the Second Circuit and disposition of the petition for a writ of certiorari, if such writ is timely sought.

Thus, the Court granted, it turns out, only temporary injunctive relief pending rulings in the case itself as that case wends its way through the appellate process.

The temporary nature of the ruling, in turn, drove (I suspect) Gorsuch’s separate concurrence. Here’s the opening sentence of his opinion:

Government is not free to disregard the First Amendment in times of crisis.

He bookended that opening with this conclusion:

It is time—past time—to make plain that, while the pandemic poses many grave challenges, there is no world in which the Constitution tolerates color-coded executive edicts that reopen liquor stores and bike shops but shutter churches, synagogues, and mosques.

That’s a clear foot stomp to the lower courts, and especially to the Second Circuit in the present case, about the sanctity and the supremacy of our Constitution.

On the other hand, here’s the key part of Roberts’ dissent:

[I]t is a significant matter to override determinations made by public health officials concerning what is necessary for public safety in the midst of a deadly pandemic.

Justice Sonya Sotomayor went further:

Justices of this Court play a deadly game in second guessing the expert judgment of health officials about the environments in which a contagious virus, now infecting a million Americans each week, spreads most easily.

No, the deadly game is subordinating our courts to other parts of our government so easily and routinely. It’s a far more significant matter—a matter of national political health—to defer to public health officials on the basis of their public health official-ness at the expense of foundational (or any other) individual liberties that are the core and basis of our nation’s existence.

It’s a far more significant matter—a matter of national health writ large—for a coequal branch of our Federal government to blithely subordinate itself to another branch of our Federal government, and it’s even worse for that coequal branch meekly to subordinate itself to an inferior division of that other branch.

It is time—past time—to make plain that Article III courts, from the Supreme Court on down, can no longer consider themselves subordinate formations in our tripartite form of federal governance.

The Court’s ruling can be read here.

I Have to Wonder

The administrators of Presentation College Carlow, an Irish college a bit south of Dublin, told the female students there

not to wear tight clothing that could “distract” staff members….
[or] revealing clothing, including tracksuit bottoms and gym leggings.

I wonder: why does this school have so many supposedly adult men on its staff who are so easily and pruriently distracted? Or, since the school’s students are as young as 12 years old, why are so many seeming pedophiles on staff?

It’s a concern shared by the students’ parents.

A petition called the policy sexist and noted that male students’ attire was not discussed.

“This is appalling, majority of students are 12-18 years old and should not feel [sic] sexualised by their teachers who they are meant to feel safe around,” [the petition] continues.

And

[A parent] told local media outlets that adult male teachers should not be distracted by young girls in the first place.

Indeed.

Turning Children into Snitches

This time, it’s Vermont’s Republican governor.

Vermont Governor Phil Scott said during a press conference on Tuesday that schools in the state will include new questions during daily health checks about whether students and their parents attended gatherings outside of their households following the Thanksgiving holiday.

Never mind the carefully high-minded claimed motives for this—it’s trying to get children to denounce their parents to authorities.

This using the Wuhan Virus situation as an excuse to drastically increase government power has gotten ‘way out of hand.

System Racism in America

Shelby Steele had a thought on this. So do I.

Senator Tim Scott (R, SC), Congressman-elect Burgess Owens (R, UT), Herschel Walker, Kentucky Attorney General Daniel Cameron (R) and several others, wrote Steele, all spoke at the Republican National Convention. More, each of them spoke as men and women—individual men and women—they did not speak as spokesmen for their color. In particular, they did not speak as the professional victims of “systemic racism.”

They spoke as persons who are part of a new and growing racial order (Steele’s term):

…we blacks aren’t much victimized any more. Today we are free to build a life that won’t be stunted by racial persecution. …we live in a society that generally shows us goodwill—a society that has isolated racism as its most unforgivable sin.

And

This lack of victimization amounts to an “absence of malice” that profoundly threatens the victim-focused black identity. Who are we without the malice of racism? Can we be black without being victims? The great diminishment (not eradication) of racism since the ’60s means that our victim-focused identity has become an anachronism.

And so on.

But I disagree with Steele to this extent: there is systemic racism in America, say I. It’s just not as broad reaching as those Steele decried claim; it is, instead, confined to the Democratic Party, its replacing evolution the Progressive-Democratic Party, and those entities’ adherents and supporters.

The soft bigotry of low expectations is the upper bound, the most generous and favorable position, of those worthies. Blacks, they hold from this position, just can’t compete and need special treatment. That’s what that Leftist icon, Woodrow Wilson, said to a black reporter who was questioning him about his resegregating the Federal government—that blacks should be grateful for the protections of segregation. And it’s the thrust of the Left’s segregationist identity politics.

The main position, however, of the Democratic Party and Progressive-Democratic Party since 1964, illustrated by Lyndon Johnson’s racist remark about why he passed the Civila Rights Act of 1964 is far worse. This position, overtly extant these last 56 years, is that blacks aren’t even human beings. They’re just crops of votes to be harvested every so often for the political benefit of those Leftist politicians.

Between election harvests, those crops are simply covered in the manure of promises (universally empty and unfulfilled), a few coins thrown at the crops in the form of welfare programs (with carefully designed-in cliffs that trap them in those welfare cages), and “affirmative” action programs that do no more than emphasize the Left’s belief in the, at best, inherent inferiority of blacks.

The view of non-humanness is demonstrated by the utter lack of progress in the economic and political prosperity of blacks, beginning with the openly destructive Urban Removal programs begun (and never finished) in Leftist-run cities. The demonstration continued through the Obama administration, with continuing black poverty, continuing high black unemployment, the Left’s continuing efforts to deny black children access to quality schools through choice programs that would let parents opt out of disastrous public schools in favor of voucher and charter schools, and the ever-widening wealth gap between blacks and…everyone else.

Those latter trends—unemployment, school access, wealth gap—were beginning to be reversed under Republican efforts these last four years. That trend reversal has had two primary effects. One is the reducing poverty rates among blacks.

The other has reduced the political power of the Left, and that has led the Left to be increasingly shrill in their cries of nation-wide systemic racism.

Just Like….

Be snitches, sez the Governor.

Oregon Governor Kate Brown during an interview on Friday supported the idea that citizens should alert authorities when neighbors fail to comply with coronavirus restrictions.
“Look, this is no different than what happens if there’s a party down the street and it’s keeping everyone awake,” the Democrat Brown said. “What do neighbors do? They call law enforcement because it’s too noisy. This is just like that. It’s like a violation of a noise ordinance.”

It’s not at all like neighbors calling the authorities over a too-loud party. That’s neighbors acting on their own initiative.

The other is a head of (State) government actively pushing neighbors to rat out their fellows.

Even the Progressive-Democrat governor Kate Brown knows that. She’s acting just like heads of the governments of other types of nations.