“He Was Not Incompetent”

by Datechguy | July 2nd, 2012

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"He Was Not Incompetent"

Jay Nordlinger’s Impromp­tus is out today (read the whole thing) and the open­ing on Jus­tice Roberts Old Yel­low­stain was dev­as­tat­ing.

Let me add two cents — not so much mine as those of a wise judge I know. “Incom­pe­tent,” he said. Roberts’s rul­ing was incom­pe­tent. “Silly, absurd, not wor­thy of respect. Ruth Bader Gins­burg was far more rea­son­able in her argu­ment.” (Yikes!) “If a district-​court judge pulled a stunt like the one Roberts pulled, he would be reversed by the next court in about two seconds.”…I said, “So, do you think Bush 43 may have inad­ver­tently sad­dled us with another War­ren Burger?” “No!” said the judge. “Burger would never have writ­ten some­thing so stu­pid” as the Roberts rul­ing. “He was not incompetent.”

That is pretty bad and as Jus­tice Roberts Old Yel­low­stain appar­ently reads the opin­ion pages that’s going to smart but for an hon­or­able man the remarks within the … would be the most painful.

In the deep­est cut of all, the judge said, “Roberts failed to do his duty — his con­sti­tu­tional duty. He’s not sup­posed to be look­ing at the polit­i­cal sit­u­a­tion. He’s not sup­posed to think about his ‘legacy.’ He’s sup­posed to uphold the Con­sti­tu­tion, plain and sim­ple. The major­ity deci­sion will come to be embar­rass­ing. The dis­sent will stand as some­thing true and admirable.”

As I’ve said before that courage is the virtue that is required before all oth­ers because with­out courage no virtue can stand.

When the coun­try split into the sec­u­lar and the tra­di­tional cul­tures the value of honor and an oath dis­si­pated as the util­i­tar­ian nature of the sec­u­lar infused the media. But there was a time when an oath and one’s honor meant some­thing and to vio­late such an oath could only be jus­ti­fied in an extreme cir­cum­stance and even then one felt bad about it. Con­ser­v­a­tive still value such virtues and that is what makes this rul­ing so dev­as­tat­ing to the Chief Justice’s reputation.

One can give a mul­li­gan for a bad deci­sion and one might even for­give and cel­e­brate the pos­i­tive polit­i­cal result that will come of this in Novem­ber, but until and unless the issue of cav­ing under pres­sure is addressed, either by a denial or by and admis­sion with regret I’m afraid I won’t have it in me to trust Jus­tice Roberts Old Yel­low­stain when the next big issue comes around.

— — — — — — —

The DaT­e­chGuy Fundraiser is in progress, our goal is $3000 and any help is appre­ci­ated. I may not have the pedi­gree of a Jus­tice Roberts but I promise not to cut and run when the MSM says BOO!

For details click here for the progress check the ther­mome­ter to the right and to kick in hit DaTipJar”.





Jay Nordlinger’s Impromptus is out today (read the whole thing) and the opening on Justice Roberts Old Yellowstain was devastating.

Let me add two cents — not so much mine as those of a wise judge I know. “Incompetent,” he said. Roberts’s ruling was incompetent. “Silly, absurd, not worthy of respect. Ruth Bader Ginsburg was far more reasonable in her argument.” (Yikes!) “If a district-court judge pulled a stunt like the one Roberts pulled, he would be reversed by the next court in about two seconds.”…I said, “So, do you think Bush 43 may have inadvertently saddled us with another Warren Burger?” “No!” said the judge. “Burger would never have written something so stupid” as the Roberts ruling. “He was not incompetent.”

That is pretty bad and as Justice Roberts Old Yellowstain apparently reads the opinion pages that’s going to smart but for an honorable man the remarks within the … would be the most painful.

In the deepest cut of all, the judge said, “Roberts failed to do his duty — his constitutional duty. He’s not supposed to be looking at the political situation. He’s not supposed to think about his ‘legacy.’ He’s supposed to uphold the Constitution, plain and simple. The majority decision will come to be embarrassing. The dissent will stand as something true and admirable.”

As I’ve said before that courage is the virtue that is required before all others because without courage no virtue can stand.

When the country split into the secular and the traditional cultures the value of honor and an oath dissipated as the utilitarian nature of the secular infused the media. But there was a time when an oath and one’s honor meant something and to violate such an oath could only be justified in an extreme circumstance and even then one felt bad about it. Conservative still value such virtues and that is what makes this ruling so devastating to the Chief Justice’s reputation.

One can give a mulligan for a bad decision and one might even forgive and celebrate the positive political result that will come of this in November, but until and unless the issue of caving under pressure is addressed, either by a denial or by and admission with regret I’m afraid I won’t have it in me to trust Justice Roberts Old Yellowstain when the next big issue comes around.

———————

The DaTechGuy Fundraiser is in progress, our goal is $3000 and any help is appreciated. I may not have the pedigree of a Justice Roberts but I promise not to cut and run when the MSM says BOO!

For details click here for the progress check the thermometer to the right and to kick in hit DaTipJar”.





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