She never begins an attack, nor, when once engaged, ever surrenders: She is therefore an emblem of magnanimity and true courage. ... she never wounds 'till she has generously given notice, even to her enemy, and cautioned him against the danger of treading on her.
-Benjamin Franklin


Tuesday, November 8, 2011

Judicial Dumbassery

My blood boiled when I read about the recent decision from the US Court of Appeals for DC concerning the individual mandate of Obamacare. The same court that upheld Dick Heller's case right before it went to SCOTUS is apparently subject to the same brand of recto-cranial inversion as any other court.

Just try and read this without seeing red:

"It certainly is an encroachment on individual liberty, but it is no more so than a command that restaurants or hotels are obliged to serve all customers regardless of race ... or that a farmer cannot grow enough wheat to support his own family," wrote Judge Laurence Silberman in the majority opinion, citing past federal mandates that inspired legal fights.


See that? In the same breath, Judge Silberman (a Ronald Reagan appointee and senior judge for the Court) in the opinion A) admits that the individual mandate is an encroachment on individual liberty and B) shows us what an epic Fucktard of the First Order he really is by comparing said encroachment to forcing businesses to serve all races and forbidding a farmer to grow enough wheat to support his family.

Read that back to yourselves; I know it's a lot to take in. A federal appeals court judge says that forcing subjects citizens at gunpoint under penalty of law to purchase something is wrong, but no more so than one thing that's a good soundbite and another thing that's a fucking actrocity.

That is the standard by which abrogation of freedom is measured by the US Court of Appeals. It can be all fucked up and still be constitutional(!!!), as long as it's not more fucked up than other things that have happened.

And we have to wait until he dies or retires, because there's no voting federal judges out. Yee-haw.



tweaker

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