Here is the Supreme Court's decision on the firefighter discrimination case. While the Court clearly came down on the correct side, I'm disappointed (though not terribly surprised) that this was a 5-4 vote. It shows just how politically twisted the idea of "equal justice under the law" has become.
Justice Scalia's concurrence is, as always, spot-on. Laws designed to engineer certain racial outcomes, irrespective of any discriminatory intent, are fundamentally at odds with the Constitution's guarantee of equal protection. This is what Bastiat calls "legal plunder" - taking by force from one to give to another - and it is plainly unjust.
History shows that any legal system commandeered by political powers to actively promote injustice will, in a free society, ultimately collapse under the weight of its own contradictions. I hope our nation can reverse the course of our jurisprudence before that happens, but the nomination of Judge Sotomayor is not a promising sign.
Subscribe to:
Post Comments (Atom)
As your one reader, I feeled compelled to comment. People always make fun of old antiquated laws like everyone must take 2 baths a week. All of these racial laws have gotten to that point. Sadly, only more of these laws will come or at least be strengthened as fascists take over the government.
ReplyDeleteThe really scary thing about this case was that it was for FIREFIGHTERS. As in people who save me from death. And yet a town wanted to have poorly qualified people try to save me instead of the best people available. This isn't the local dogcatcher, it is a life saving job. Somehow, racial cowardice trumped the value of human life all the way to the doors of the Supreme Court.
2 baths a week? Talk about fascist. Jeez.
ReplyDelete