Friday, April 25, 2014

 
 
WHAT IS HAPPENING AT THE US SUPREME COURT - JUDICIAL ACTIVISM GONE WILD

This week we saw two very unusual rulings.  Neither were necessarily on party lines- which is good and bad - but both in my view seem disturbing.

The most disturbing one involved how do you assess damages suffered by a child during a rape and the posting of that rape on the Internet so viewers of child pornography can enjoy themselves.

The Court found there is no way to assess the  damages - duh!!!  And because there is no measurable way to assess the damages the Court threw out the judgment by the trial court.  In my view any rational mind would find the damages are so immeasurable that there is no limit.  The notion that there is a finite number to compensate a victim of child pornography should offend the conscience of every living human being.  Congress wrote the law with this in mind - but the Supreme Court found the law to be unfair to those who view child pornography.

The other ruling which also was not along party lines - the faux conservative Antonin Scalia dissenting for example - found that it is okay for the police to stop and search a car based solely on me calling in an anony tip about a car swerving.  The fact the police did not see the same behavior of the driver is meaningless.  The fact you cannot confront your accuser because they are anony is also meaningless.  Under this new rule,  I can be  driving along and decide I am mad at someone for cutting me off and make an anony call to the police and say they are swerving on the highway - this will be enough for the police to be dispatched and do a search without a warrant.

It seems to me bad politics guided the Court in both decisions.  When it comes to children and child pornography - a billion dollar judgment is not sufficient - but according to the Supreme Court a couple of million is too much.

SIDE NOTE:  The faux conservatives are full of shit when they claim original intent.  Historically the case law said that punitive damages were designed to send a message to the defendant to not repeat their conduct.  The key world was message.  The anti-accountability Republicans started a national campaign to convince the American people that punitive damages had become lottery tickets for the plaintiffs and it should stop.  They basically won the war.  If you know as a manufacturer of a dangerous product that the punitive damages you have to pay will be so low it will have no impact on your conduct and you get to keep most of the profits you made on your dangerous product, why care about whether your product kills people? 

The judicial activism by the faux conservatives on the Supreme Court and Texas Supreme Court will end no time soon.  The Democrats cower in the corner rather than speak to the issue.  Keeping their elected offices is more important than the historical rights of the people, or the accountability of the wrongdoers.

2 comments:

Anonymous said...

How are you going to spin Ernie's plea Bobby? Was it a conspiracy by Saenz, Cascos, FBI, Valadez, DOJ...etc, etc,...

Anonymous said...

What happens to the position vacated by Ernie Bobby? Do you believe there will be shenanigans on his replacement?