Showing posts with label Justice. Show all posts
Showing posts with label Justice. Show all posts

Thursday, February 18, 2016

On the Death of a Justice

Loyal Drunkard Miss Othmar wants to know why I haven't written about the death of Supreme Court Justice Antonin Scalia over the weekend.

I mean, you know...Sunday was Valentine's Day and Monday night the Grammys were on.

I wasn't in love with Lady Gaga's Bowie tribute.
Not that I don't like and respect Gaga, but the best tribute
would have been to blast Blackstar over the PA system
and leave the stage. Just sayin.
But OK. It is a very big deal when a Supreme Court Justice dies, for several reasons. First is that there are only nine of them, and they all are appointed for life, so every vacancy on the bench presents a rare and significant change to the SCOTUS status quo.

Say "SCOTUS status quo" three times fast. It's pretty awesome.

Also, because it falls to the President to nominate a successor, the death of a Justice represents an opportunity for the sitting Commander in Chief to secure his legacy by shaping the makeup of the Supreme Court for potentially decades to come. I'll stop short of saying that every POTUS prays for the death of a Justice during his term of office; but I will suggest that if there is such a thing as a Presidential bucket list, a Supreme Court Justice kicking said bucket is definitely on it.

Some buckets are deeper than others, obviously.

Finally, let's face it: Although serving on the Supreme Court is ostensibly an apolitical appointment, everybody acknowledges that there are conservative Justices and liberal Justices, and that their decisions often (although not exclusively) reflect those labels. So when a liberal President (like Obama) has the opportunity to replace a conservative Justice (Scalia in spades), it is a very big deal for all sides.

In case you're not a SCOTUS groupie, here's the lowdown on the late Justice Scalia: He was an originalist, meaning he believed the U.S. Constitution was not a living document, but rather a sacred text that should be interpreted only through the lens of the 18th century, when it was written. As in, black people and women should be strictly controlled and not simply given rights willy-nilly. He was also anti-choice, anti-homosexual, and pro-gun.

Now listen up. I believe Justice Scalia was an extremely intelligent man, a gifted jurist, and a person of singular conviction. I think many of his positions on morality and jurisprudence were dead wrong (e.g., “Dick Cheney is a very good wing shot”). I do not mourn the death of the opinion that moral law should be shaped by popular opinion, nor that the America of the 21st century should be bound by the prevailing opinions of the 1770s. 

I welcome the future of this country. And I welcome a Supreme Court Justice whose interpretation of the Constitution will lead us there, rather than miring us in historical times when only white men were allowed to vote, own property, or be educated.

Senate Majority Leader Mitch "Turtle Head" McConnell and others who would obstruct America's future: Go pound sand.

If this is the face of America, then I declare my
allegiance to Poland, you guys.
I'm not saying that the next Supreme Court nominee should fall on the left, or the right, side of the political spectrum. I'm just saying, everyone gets a turn. Even if they're the first African-American President and that is killing you, everyone gets a turn.

I do not fear that intelligence or personal opinion should inform SCOTUS' choice.Those things matter, but ultimately matter less than understanding that sometimes America doesn't mean exactly what you believe it means.

RIP, Justice Scalia, and sincere condolences to his loved ones. I hope you  have thick skin, because Antonin's legacy ain't nearly done being debated. May his knee-jerk conservatism inform the next nominee to aspire to the bench.

How was that, Miss Othmar?

Wednesday, July 22, 2015

This Post Is for Sandra Bland

I'm thinking a lot about Sandra Bland, the 28-year-old community activist who died in a Texas jail last week after being arrested for "assault of a public servant."

She loved selfies, and was damn good at them.
On July 10, she was pulled over in Waller County, Texas for failing to signal a lane change. That's an excuse that many law enforcement officers use to meet their quota for traffic stops. Typically those stops end with a warning, providing the offender has a clean record.

I mean, I'm a law-abiding, white, middle-aged woman, and I've been pulled over for having a headlight not working or an expired registration sticker. Each time I've spoken briefly with a polite, respectful law enforcement representative who let me off with a warning.

Apparently my experience is not universal.

I had no idea such a traffic stop could be fatal for those who aren't (like me) middle-aged, white, blond(ish) and blue(ish)-eyed.

Which is what happened to Sandra Bland, who was pulled over for failing to signal a lane change and ended up dead in a jail cell three days later.

Sandra was a young black woman, by the way.

She was forcibly removed from her car, slammed against the ground, taken to jail. Because she improperly signaled a lane change. Because she dared smoke a cigarette in her car. Because a white law enforcement officer couldn't keep his shit against a black driver (?).

Sandra Bland was not just verbally abused, or jailed unjustly, or treated unfairly. Sandra Bland died, you guys. She allegedly killed herself following a traffic stop during which she was verbally and physically abused and treated with gross disrespect by an officer of the law.

How is that even the same lady?
If that had been someone like me, the story would be so very different.

Why?

Sandra Bland was, by all accounts, an intelligent, educated, utterly worthwhile human being.

She died in a Texas jail cell for the crime of irritating a white law enforcement official.

How is that right or fair or just?

Answer: It's not.

Please don't let this post simply fade from your memory. Make it mean something, Drunkards.

Like it, share it, let its topic be known.

It's 2015, and equal treatment under the law still doesn't exist for all.

I can't live with that.

Sandra Bland didn't live because of that.

Can you live with it?