Thursday, August 5, 2010

It's all opinion

And thus spake Fox:

"The Ninth Circuit court as a record of being overturned" said one voice at the table.
"Obviously it deserves to be" said another. "This judge just doesn't understand the situation."
"Well she's famous for making rulings based on her opinion. What we need are decisions based on law!"
Of course, like most clubs, mine has a policy discouraging political talk at the dinner table, but in practice, that means "Liberals shut up, Fox is talking here."

Wednesday evening at the would have been a good time to start a diet, my appetite fading as my gorge rose. Yet I said nothing. Nothing would have mattered or could have stood up to the wave of regurgitated Fox propaganda. None of those present had any background in constitutional law and like virtually all Americans have a very hazy view of what it says: indeed a hazy view of the entire Arizona Immigration law in general. But they have opinions to support any inchoate anger -- the anger and the opinions furnished by Fox News and all it costs is your freedom.

Opinion? What is a judicial decision but an opinion of what the law says? Yes, of course Article 1 section 8, clause 4 of the constitution gives all power over naturalization to the US congress, but does that grant exclusive power to regulate immigration? Perhaps there is a valid discrimination to be made, but if so, the conservative one would be that the Constitution does give the Federal Government sole power to determine who will require a visa, have a visa and what the terms thereof shall be and so it's reserved to the Federal Government to enforce those rules and no to some small town Sheriff or small minded Arizona governor buying votes from the hysterical mob.

Yes, sure, that's an opinion. As I said, any court decision is the opinion of the court and to any intelligent person, the law is open to interpretation and always will be - that's why we have the ninth circuit court in the first place. Should I be impressed that my dining companions are so knowledgeable about the history of that court? Not at all, since their rhetorical unanimity shows them to be a conduit leading from Roger Ailes's rectum to my ears. It's all opinion, but not reasoned opinion based on the law. It's based as Ailes has asserted publicly, about ratings and the sales value of anger.

My nausea having begun to subside, I was formulating a polite reply, but the rush to get home in time to watch Hannity and Beck preempted the effort. I haven't been back.

7 comments:

  1. These nut jobs have been making me sick lately. Is there a pill I can take to get rid of them?

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  2. Captain, perhaps a coincidence but last night I too had dinner at our community clubhouse, which is a hangout for the intellectually and morally handicapped of this community.

    So last night, the HOA president tried to engage me in conversation starting with, "How is it going ... and what do you think of ..."

    "You won't like what I have to say," was my response.

    "Why?" he replied.

    "Too liberal for your taste. Check, please!"

    About where the conversation might have gone, you can probably fill-in the blanks. Same type of community, same people, same dissonance. I have turned into an unfriendly SourPus and spare myself the aggravation.

    About that condo in the Bahamas, you were talking about ...

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  3. What's up with people trying to engage others,sometimes complete strangers to join their ranks. Is this their marching orders? Captain, I'm not as nice as you. As a matter of fact I'm known as a dick. I approach the episodes in a much different vein. I simply ask why the hell are you talking to me. Do I look like I give a damn what the hell you think. It usually works quite well.
    Feel free to use it, it's really kind of fun.

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  4. Just to be clear, the ninth circuit has the highest total number of reversals because it has the largest number of cases. Its percentage of reversal is virtually dead average for all circuit court districts.

    The circuit court with the highest percentage of reversals, by a good margin, is the extremely conservative fourth district.

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  5. One suspects that for a lot of so-called conservatives, the ideal of democracy translates with astonishing ease into "enforcing the will of a brainless, frightened, angry mob." We have a constitution to protect us from just such small-minded, vicious people.

    But we still have a constitution and they don't quite know how to tear it down and replace it with their own idiotic whims and sorry prejudices. I think that's where so many right-wingers' disdain for the judicial branch comes into play -- they just can't stand anyone getting in the way of the mob's will, and any judge who tries to do so is promptly labeled an "activist."

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  6. "Do I look like I give a damn what the hell you think."

    I'll be ordering the T-shirts today! TAO, do you make smaller sizes?

    Although I think humans rank lower than the mosquito on the contemptible species list, I have a hard time being dickish enough. I'm working on it though. Anyway, it's they who need to be taking pills even if they have to be shoved down their throats.

    The Righties seem to have a strange relationship with the mob - both Enlisting their aid in protecting the Feudal elite and in pretending they're not. It's like the Russian serfs attacking the Bolsheviks and siding with the Tzar.

    I don't get it, but then it's hard to think like a stupid person.

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  7. Oh, and Eagle, thanks for those facts. They will be taken down and used against the righties.

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