Thursday, January 26, 2006

Archduke Scalito ascended

Kos is right, it's over. Frankly, I think it was a pretty good showing just to keep the final nail away from the coffin Dubya has built for civil liberties as long as they did.

As I commented there, I understand the issues, I understand what's at stake, I understand what Justice Alito means. Hell, there's a damn good chance that I'll living under a Thomas-Scalia-Alito triangle of judicial whackery until I retire... and by then, I may have to deal with one of the fucking twins deciding she too has matured, just like her daddy.

It's a hollow thing to sit (smugly?) back as America faces a future where a president - any president - can stretch a terrorist attack, with the proper congress and legislation (or hell, skip the legislation), into Nixon's wet dream... or worse.

Today it's your phone call or e-mail, but what if tomorrow it's your gun?

Democracy wasn't built around rash actions undertaken when emotions run high. Sometimes that's an enormously frustrating thing - it's why it took 71 years and the Civil War to start treatment on the cancer of slavery, then some odd hundreds years reduce it to a sometimes still lingering scar. It's the tradeoff we make - the right to change our national policies in exchange for the time and effort it takes to do so.

The problem with the Thomlitilia is that despite their supposed reverence for a strict interpretation of the constitution, they'll defer to a president when he decides he can handle doing the job of another of our three branch besides his own. The scariest - and probably (hopefully?) least likely - result of this trio, together with whomever from Kennedy, Roberts, or Souter they can bring along, will defer to only certain presidents.

The first option is enough for me to believe a third mistake is being added to SCOTUS.


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