“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.


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