Sunday, August 20, 2006
Where Activist Judges Get Their Reasoning
The law is a serious subject but even lawyers need a laugh once and again. This article provides it.
Admittedly this news story comes from the Philippines and not a Court of the United States. A judge was removed from the bench because he purported to consult three mystic dwarves for his decisions. I wonder whether, if a federal judge based his decision to strike down a law based on the advice of three mystic dwarves, the Democrats would allow an impeachment or would deem this "good behavior" as long as they liked the result? Indeed, some Justices of the Supreme Court might have their decision making improved by resort to mystic dwarves. The late Justice Douglas and his "penumbras" come to mind.
This story also touches on another recent controversy; the use of foreign law in Supreme Court interpretation of American law. I anticipate the day when the Supreme Court, eager to strike down some law clearly willed by the American people and allowed by the Constitution, cite foreign Filipino law in order to strike it down. I for one will check if this judge was present at that decision, or whether rather than a mere three mystic dwarves, an en banc panel of seven (Happy, Grumpy, Doc, Sneezy, Bashful, Sleepy and Dopey) handed down (up?) the decision.
I also promise a bottle of his favorite Scotch (or whatever Senator Hatch drinks) to the first member of the Senate Judiciary Committee to ask a nominee whether he thinks its appropriate to consult mystic dwarves in making rulings.
Finally, as Dave Barry would say "Mystic Dwarves" is a good name for a rock band.
Admittedly this news story comes from the Philippines and not a Court of the United States. A judge was removed from the bench because he purported to consult three mystic dwarves for his decisions. I wonder whether, if a federal judge based his decision to strike down a law based on the advice of three mystic dwarves, the Democrats would allow an impeachment or would deem this "good behavior" as long as they liked the result? Indeed, some Justices of the Supreme Court might have their decision making improved by resort to mystic dwarves. The late Justice Douglas and his "penumbras" come to mind.
This story also touches on another recent controversy; the use of foreign law in Supreme Court interpretation of American law. I anticipate the day when the Supreme Court, eager to strike down some law clearly willed by the American people and allowed by the Constitution, cite foreign Filipino law in order to strike it down. I for one will check if this judge was present at that decision, or whether rather than a mere three mystic dwarves, an en banc panel of seven (Happy, Grumpy, Doc, Sneezy, Bashful, Sleepy and Dopey) handed down (up?) the decision.
I also promise a bottle of his favorite Scotch (or whatever Senator Hatch drinks) to the first member of the Senate Judiciary Committee to ask a nominee whether he thinks its appropriate to consult mystic dwarves in making rulings.
Finally, as Dave Barry would say "Mystic Dwarves" is a good name for a rock band.




