Monday, February 15, 2016

Bench Jockeying

How many years can some people exist
Before they're allowed to be free?
How many times can a man turn his head
And pretend that he just doesn't see?
--Bob Dylan

After Justice Scalia's sudden death, attention turns to who his successor will be. As always, it will be a battle between natural law and positivism. Opinions of judges grounded in natural law are durable. Opinions of judges grounded in positivism are discretionary--they blow with the wind.

Special interests favor positivist judges. Special interests realize that the keys to the vault often rest with the Court. Appoint a friendly and special interests have a Court ruling to mobilize strong armed government agents in their favor.

All under pretense of 'the law.'

Which side will win this battle? The answer, my friends, is likely blowin' in the wind.

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