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September 03, 2018



Jeff Lipshaw

I don't understand why nobody has mentioned the fact that Isser Harel wrote the story of the kidnapping in "The House on Garibaldi Street," and that there has already been a movie version quite faithful to the book (starring among others, Chaim Topol of Tevye fame).


As usual, so much misinformation.

A sample:

"Yet in 2000, he and four other conservative justices decided that the 14th Amendment gave them the right to stop the Florida recount and thus make George W. Bush president. Did anyone in 1868 have that outcome in mind?"

Actually, seven on the equal protection argument. On "stopping the recount" the answer is probably yes.

"And how is it that no court in the previous 218 years had ever discovered this “right” if it had been there from the beginning?"

Nonsense. As Scalia noted:


And so forth. Can one say, honestly, that Scalia "discovered" a right that no court had in over 200 years? If this is demonstrably not correct, what should we call this "news"?

"Both liberal and conservative judges legislate, to a greater or lesser degree, because there is usually no right answer to complex questions of constitutional interpretation."

This is true. But, let's not pretend that judicial "legislation" occurs only along partisan lines, and let's not pretend that all the close decisions cited by the author were typical or usual or representative of any "conservative" or "liberal" principle at work.

As argued previously in these pages, we must compare the judicial "philosophies" of those we condemn to those we admire. Compare, e.g. an Obama/Sotomayor judicial "philosophical" imperative (empathy should guide decision-making, based on the judge's life experiences) to the theories you choose to condemn. This would be more helpful than odd (and inaccurate) recitations of half-truths and characterizations of outlier decisions that the author does not even claim were wrongly decided.

Betsy DeVos Save our Kids Foundation

An activist, legislating from the Bench court found a that an individual has the absolute right to purchase and own an Uzi. So what we have now is that any mentally deranged white male who resents women cause he can't get laid can do a mass shooting after mommy buys him an AR-15 or he answers a few questions at the gun 'n pawn.

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