Monday, October 26, 2020

Duty and Loyalty

One of the reasons I was leary of President Trumps campaign in 2015/16, aside from that absurdity of it it at the time, was the Loyalist mentality.  

When getting into government work, not politics, but governemtn work the loyalty should be to the Constitution, the community you represent, and the beterment of the Nation/state/county/city/town of the community as a whole.  

I have a bet that  one of the major factors for trying to push the current nominee through is that Justice Kavinaugh has been ruling in a surprisingly non-parrtisan fashion (I have to respect the integrity if not the individual) and has made Trump and his peoples nervous about rulings on cases they thought they would have locked down with the appointment of Justice Kavenaugh.  

Which, at the time of his hearings, felt just as rushed and forced as the current hearings do.  

I'm not so much concerned about a conservative justice in the courts, especially if they maintain objective integrity regardless of their personal feelings and beliefs.  

You appoint a justice of a conservative or a libral lean not to stack the courts, but to make sure that the position and arguments from those view points are appropriatly addressed when rulings are made.  

A good judge, a good justice, is going to look at the constituion and read the laws as they stand.  And after the appropriate amount of consideration is made, rule on the side of justice and fairness rather than some form of sycophantic sense of loyalty to the agendas of a single group or individual.  

And that's what is bothering me about the current appointment.  Rushing it in the fashihon that is being rushed.  The probable imbalance that will result in the courts.  The thing about Justices Scalia and Ginsberg is that they balanced eachother in disagreements.   Good law happens when individuals from opposing sides cometogether and find the compromise a situation needs rather than the outcome that people want.  

That right there.
That is what it means to be a Justice or Judge at any level of the Judicial system.  
Finding the ruling that somehting needs rather than what people want.  
It is impossible to weed personal feelings out of such strong issues, that is why they write arguments.  So that they, their colleages, and those affected by the ruling not only understand the reasoning behind it and understand a sense of the individual(s) making the rulings. 

That is the thing I do not envy about those sitting on nthe bench v.s. those arguing the cases. 
Having to make hard rulings that can cause protests, affect the outcomes of conflicts, and impact generations of people that come after the ruling is made.

Again, I would have waited to make the appointment until after the election.   I would have waited to start the hearings until after the election, largely because we have an administration bent on creating a power imbalance in an institution who's purpose is to keep the balance of justice. 

The nation has made so much progress in healing and reparing it's self after the civil war, the civil rights movment of the 60's, the inner city conflicts of the 90's, and the affects of a nation driven to war on false pretenses in 2003.   

Why, when the nation has been unititing it's self through the pandemic and the Black Lives Matter protests, are we looking at undoing much of the progress that has been made?

I don't know, that's my argment on the topic.  
Hopefully those making the decision of appointment will take some objectivity into the decision.  

Because to me, the actions of the Administration in these past few weeks feels like an unruly tenat breaking windows and punching holes in the walls after being evicted.