Fake Lawâ„¢ Anyone?

Silvio Canto, Jr. aksk Who needs elections? We got judges! – “What do you do when you lose everything between Maryland and the California border? You look for friendly judges who hate Trump as much as you do.” He cites Marc O. DeGirolami is a law professor at St. John’s University and the author of The Tragedy of Religious Freedom.

“Welcome to the rise of fake law. Just as fake news spreads ideologically motivated misinformation with a newsy veneer, fake law brings us judicial posturing, virtue signaling, and opinionating masquerading as jurisprudence.

“And just as fake news augurs the end of authoritative reporting, fake law portends the diminution of law’s legitimacy and the warping of judges’ self-understanding of their constitutional role.”

It may go on for a while. In other words, it won’t be long before every law that passes a red state, such as the new sanctuary city rules in Texas, will be frozen by some judge who thinks he knows best.

How much longer will this nonsense go on?
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It may be time for Chief Justice John Roberts to remind judges that they are in the wrong branch if they want to make law.

For a variety of the ‘both sides do it’ fallacy, see Andrew C. McCarthy describing why No, the FBI Was Not a Trump Partisan – “The Democrats’ latest canard ignores difference between criminal and intelligence investigations.”

There is nothing more inequitable than treating two fundamentally different things as if they were the same.
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Hillary Clinton’s e-mail scandal, based on mountainous evidence of law-breaking, resulted in a criminal investigation. The suspicion that associates of Donald Trump have troubling ties to Kremlin insiders, based on comparatively sparse evidence, has resulted in a foreign-intelligence investigation. The two types of inquiry are fundamentally different — dissimilar in their objectives, their processes, and their presumptions about secrecy and disclosure. The only similarity is that each is called an “FBI investigation.” To contend that this makes them equivalents, suitable for similar treatment, is akin to saying red and blue must be the same thing because each is a color.
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There is no equivalence between criminal and intelligence investigations — the former expected to result in public disclosures, the latter classified and presumed secret. To claim otherwise is to elevate politics over national security . . . or to be just plain dumb.

Andrew Heaton: Lighten Up, Francis – “The Pontiff ought to stick to flock-tending and lay off capitalism.”

Francis sure gibbers a lot about economics, and when it comes to market forces the man is anything but infallible.

Take his latest and rather pointed jab at libertarianism.
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Pope Francis no doubt sees libertarianism as hand-in-hand with the other evil he frequently warns his flock about: capitalism. Spake Francis in his 2013 Evangelii Gaudium, “Inequality is the root of social ills.”
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His Holiness’ apprehension of evil people like myself springs from the assumption that we’re all very selfish, and happy about it. But classical liberalism doesn’t endorse selfishness as a virtue, it just champions individuals as the primary decision-makers of society.
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Adam Smith pointed out that your baker doesn’t sell you bread out of the goodness of his heart, he does it to earn a living. When you throw self-interest and competition into the mix, bread prices plummet and scales of economy crank out enough bagels that for the first time in human history entire societies are more concerned about gluten intolerance than starvation.
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Finally, let’s look at the pope’s stated root of all social ills: inequality. If we lived in a feudal state where lords become wealthy by plundering serfs, inequality would indeed be a heinous evil. Fortunately we don’t live in that zero-sum world.

Bill Gates didn’t become a billionaire by impoverishing America—quite the opposite. And if we doubled everyone’s income tomorrow many people would be lifted out of poverty, but the gap between us and whoever Bernie Sanders wants to hang this week would be even greater. Poverty and inequality simply aren’t the same thing.
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The road to hell is paved with good intentions. I suspect it’s also publicly funded.

How much longer will this nonsense go on?”

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