Monday, July 11, 2022

Chief Justice Roberts Should Retire

 

Pamela Paul’s suggestion, that Chief Justice Roberts, by retiring, would help the Supreme Court move toward positions that more broadly reflect the opinions of most Americans, rather than those of an extremist faction, is naive and nonsensical. Granted his replacement by a liberal Chief would tip the ideological balance on the court a little to the left. But the remaining five Justices, constituting the ultra-conservative majority, would still be firmly entrenched and will continue their march toward dismantling the rule of law, protecting the rich and corporate citizenry, the ultra-religious and the gun-crazed segment of society. Only expanding the court or imposing fixed terms will prevent the current constitutional death spiral from continuing into the foreseeable future.

Monday, July 4, 2022

Police Say Unarmed Black Man in Traffic Stop Was Shot 60 Times

 This country has been afflicted by an epidemic of police shootings stemming from routine traffic stops. Many states and localities have responded by placing limits on the police practice of pursuing fleeing motorists. The sensible rule adopted in these jurisdictions is that pursuit should not be initiated if the risk of harm to the police or others outweighs the risk posed by failing to effect the stop. So, for example, a broken taillight does not warrant a high-speed chase that may result in traffic fatalities or the gunning down of the motorist.

Unfortunately, this sound restriction on police response has not been universally adopted or regularly adhered to. As a consequence, the nation continues to suffer a plethora of these tragic and unnecessary shootings.

Police Say Unarmed Black Man in Traffic Stop Was Shot 60 Times

 This country has been afflicted by an epidemic of police shootings stemming from routine traffic stops. Many states and localities have responded by placing limits on the police practice of pursuing fleeing motorists. The sensible rule adopted in these jurisdictions is that pursuit should not be initiated if the risk of harm to the police or others outweighs the risk posed by failing to effect the stop. So, for example, a broken taillight does not warrant a high-speed chase that may result in traffic fatalities or the gunning down of the motorist.

Unfortunately, this sound restriction on police response has not been universally adopted or regularly adhered to. As a consequence, the nation continues to suffer a plethora of these tragic and unnecessary shootings.

Saturday, July 2, 2022

The 14th Amendment and Fetal Rights

 


Erika Bachiochi's erudite-sounding defense of a ban on abortion, as the protection of a separate, vulnerable person dependent on the care of its host, fails to consider all the ramifications of unintended pregnancy. 
For one, pregnancy may be the result of rape, a brutal tactic often employed in war to dishearten and impair an enemy population. These pregnancies are war crimes akin to the random planting of landmines and the notion that a rape victim has some moral or legal obligation to nurture and complete the intended crime is simply unconscionable. 
The originalist argument, that the drafters of the 14th Amendment intended to protect unborn life, is equally flawed. Even if true, and that is disputable, the drafters were all 19th century men, hardly exemplars of those who would protect women's rights.