It's not that you have a more clear mind. It's that you have a more honest one. I have no doubt that the sitting Justices all understood perfectly what a fair reading of the law required. It's just that they did not want to reach the result that law required. So, they went through some convoluted legal gymnastics to make their desired result appear to be supported by the current law.
That's really the greater sin, in my opinion. It's one thing to be too dumb to render the correct decision. It's far worse to know the correct decision, but choose to rule otherwise.
You may be correct. On the other hand, it may be that their arrogance blinds them to their twisted logic.
It's not that you have a more clear mind. It's that you have a more honest one. I have no doubt that the sitting Justices all understood perfectly what a fair reading of the law required. It's just that they did not want to reach the result that law required. So, they went through some convoluted legal gymnastics to make their desired result appear to be supported by the current law.That's really the greater sin, in my opinion. It's one thing to be too dumb to render the correct decision. It's far worse to know the correct decision, but choose to rule otherwise.--XJarhead
Agree, but an element of stupidity is involved, too.
True, Stevens, Kennedy, Souter, Ginsburg, and Breyer aren't too dumb to know the correct decision, but they ARE too dumb to realize that we, the people know it, too. (Or they are too dumb to understand the consequences of that fact).
To borrow from Mencken, a stupid demagogue is one who preaches doctrines he knows to be untrue to men he mistakes for idiots.
They neither believe they are subservient to any higher authority, be that God or the Constitution, nor do they even understand what that means.
They think their oath to uphold the Constitution means "... and cite lines from the Constitution supporting your position where possible."
Their final authority is neither God nor Law, but their own machinations, swayed as we all are at risk of being swayed, by the whims of fashion.
Note my signature, below.