Upon Paul Ryan’s vice presidential selection, supporters noted his objection that Chief Justice Roberts had “contort[ed] logic and reason to come up with [the ObamaCare] ruling.” Such contortion is nothing unusual except for one thing. The Supreme Court, which normally operates in obscurity, could not escape a glaring spotlight this time, affording a rare opportunity to inform the public about the dark side of what many justices do. This raises questions concerning the utility of elections, what remains of our actual Constitution, the rule of law, and public acceptance of judicial review.
The Roberts opinion as well as attempts to defend it provide easily understood textbook examples of how justices have turned “interpretation” into a scam by manipulating words to mean anything in order to impose their will by authorizing what is constitutionally prohibited and prohibiting what is authorized or required.
Bluntly acknowledging, in order to challenge, the charge that Roberts is “a liar [and] coward,” devoted Roberts apologist Matthew Franck candidly clarified high stakes questions rarely presented to the public. Are all high court justices always honest? Or are many of them, often a majority, just politicians undemocratically, crassly and lawlessly imposing their personal morality based on misplaced public faith in them — blind faith similar to that once placed in witch doctors and medicine men?
If many justices are merely skilled charlatans distinguished from the latter solely by using far more sophisticated and incomprehensible mumbo jumbo, then what they do is illegitimate, their whole enterprise and institution are illegitimate, and they are not entitled to public trust and respect.
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