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January 24, 2010

Collective Lunacy; as reflected by two recent judicial exercises

I must admit that even though I was perceptive enough to warn about a new curia after the Roberts Court first tipped its hand in the Bong Hits for Jesus case, I was also blindsided by the audacity of the “free speech” monstrosity just concocted by what is emerging as the fascist gang of five on our highest court. While all three branches of the government devised so hopefully by our sainted founders in 1787 have been hopelessly corrupted over two-plus centuries of national existence, the dubious honor of being the most grotesquely inappropriate should probably go to the Supreme Court, precisely because it usually receives the least attention; a circumstance that only highlights its clinkers and failures. Think Dred Scott and Plessey, followed by its failure to deal with the consequences of either for nearly a century after the Civil War. Hardly a vindication of Jefferson’s famous 1776 rhetoric, which can now be seen as just as hypocritical as his personal failings.

Typical of global media inattention to the foibles and anomalies of our species is the current lack of American interest in what is undoubtedly our Supreme Court’s most glaring current anomaly: its recent radical alteration in composition. Not only have those changes been both radical and swift, the idea that they wouldn't necessarily impact its decisions would be laughable were its implications not so tragic.

As if to prove every cloud has a silver lining, the recent unanimous Kelly decision by the California Supremes struck down the numerical plant limits slipped into SB 420 by the police lobby at the last minute; however true to its craven refusal to take on drug war lunacy, the Court left considerable wiggle room for local prosecutors to argue over “reasonable” limits.

What's more liable to prove an effective restraint on wasteful state prosecutions is a lack of tax revenues attending the "financial crisis" we are still reluctant to call a Depression.

Prozac anyone? Or would you prefer pot?

Doctor Tom

Posted by tjeffo at January 24, 2010 07:43 PM