Tuesday, May 17, 2022
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An Unprecedented Assault on the Judicial Process


May 5, 2022 --

The following link appeared at Breitbart, May 3, on leftist outrage that the Supreme Court of the United States seems about to reverse that decision in Roe v. Wade recognizing a constitutional right to abortion.  LPR visitors are warned that the Breitbart story contains the  use of vulgar expletives that has become a regular part of the leftist political vocabulary.  


That the leaked draft opinion reversing Roe was attributed to Justice Samuel Alito has suggested to LPR that Chief Justice John Roberts, presently, is in the minority of what seems to be a 5-4 ruling.  Had the chief justice been part of a 6-3 majority, it semes more likely than not that he would have been the writer of the Roe reversal, not Justice Alito who likely was  selected to write the Roe reversal by Justice Clarence Thomas, the senior member of the majority. - with Chief Justice Roberts in the minority.

As it happens, at New York Law School, in the early 1980's, LPR wrote a paper on the judicial philosophy of the author of the Roe opinion, Justice Harry Blackmun, appointed to the high Court by President Nixon.  LPR recalls noting that while Justice Blackmun, as a federal appellate judge was considered a "strict constructionist,"  this reflected his role on a lower court, duty-bound to follow the rulings of the Supreme Court.  As a member of the Supreme Court, apparently he regarded his judicial horizons to be somewhat broader than his horizons as an appellate jurist.

Consider the short third paragraph of the Roe opinion, which indicates that "population growth, pollution, poverty and racial overtones" were factors in finding a right to abortion in the Constitution.  One may well wonder what the number of people in the country or "pollution, poverty and racial overtones" have to do with. constitutional rights.  Was Justice Blackmun, among other things, determined to apply the Constitution to limit the number of babies born to single-mothers on welfare?

On May 3, Chief Justice Roberts directed the Marshal of the Court to investigate the leak of the Alito draft opinion.  Speculation had quickly formed that the leaker hoped to get a justice in the apparent Alito majority to change his or her position on the case, sustaining the Roe precedent.   LPR does not doubt that the left would have reacted even more forcefully had the Roe reversal ruling been handed down.   There is the possibility that the premature notice of the decision to reverse Roe will allow leftist passions to cool , somewhat, when the ruling is officially announced -- notwithstanding assertions by the left that rhe Democrat base is now motivated to vote in huge numbers that will prevent Republican gains in November.  

In LPR's view, the disastrous Biden administration, arguably leading the country into the tragedy of war with Russia, and issuing arbitrary actions harming the economy -- including runaway inflation and counterproductive policies on fossil fuel, cannot avoid rebuke by the citizenry in November -- unless, of course, the country again becomes afflicted by voter fraud.

The fact of the Supreme Court leak is an unconscionable assault on the sanctity of the judicial process.  The perpetrator has placed domestic politics above constitutional principle.   That is to say, the perpetrator has attacked the guiding idea of liberty tnat no person is above the law.    But hasn't this been what the Roe v. Wade controversy has been about for nearly half a century -- that the decision was an assault on the Constitution?


Red Line

Two  Questions for Jesse Wegman

May 5, 2022 --

Mr. Wegman, a member of the editorial board of The New York Times wrote a scathing column, May 4, attacking Republicans for politicizing the Supreme Court.  LPR would ask the gentleman, what was Justice Breyer's retirement if not a political act to give President Biden the chance to put at least one leftist on the Supreme Court.   Further, Mr. Wegman, what was the Roe v. Wade decision if not a legislative act by the country's highest judicial authority.  Under the Constitution, doesn't Congress do the legislating, while the courts do the judging?   Consequently, Roe v. Wade represents an assault on the principle set forth in the Constitution on the separation of powers.



Red Line

More Thoughts on Scotus Leak-gate

May 5, 2022 --

New York Times columnist Bret Stephens began his May 4 column by acknowledging that the Roe v. Wade  decision was "ill-judged."  He went on to comment that, among other negatives  in its wake, Senate confirmation hearings on Supreme Court nominations have become "unholy death matches." And yet, he called on Chief Justice Roberts, and Justices Barrett, Gorsuch, Kavanaugh and Thomas to sustain Roe, speculating that reversal of the ruling on abortion would "replicate Roe's damage."

LPR wonders why Stephens addressed the chief justice, who is generally conceded to have joined the liberal bloc fiercely opposed to reversal of Roe, its assault on the Constitution notwithstanding. 

There is some speculation that the leak was intended to tamp down outrage, giving activists the chance to cool down before reversal of Roe was officially handed down.  Should that explain the leak, wouldn't Chief Justice Roberts want to contain the expected outrage from the left?  Could the leak, then, be an indication of Machiavellianism at the Supreme Court by its leader?   (If a member of the Court were the leaker, Justice Breyer would have the least to lose given his [political] retirement at the end of this term.)


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Red Line

Long Live Common Sense!

May 5, 2022 --

Dennis Prager, at American Greatness, lists eleven examples how ours has become The Age of the Absurd.


He concludes the column by sying he thinks he knows why this is, but says he will hold his explanation for a future column.

LPR will hazard this explanation at this time:  it is because this is also The Age When Common Sense Died.  Progressive propaganda outlets have, certainly, demonized anyone who responds to such propaganda with, well, common sense.

To offer variation on a particular theme, all it takes for absurdity to crush common sense is for good people to stay silent.

Application of common sense would, for example, point out that a number of curious factors led to the election of Joe Biden, in 2020 -- but the common sense of the American people that the 2020 election was not kosher comes up against the daily demands in the Deep State media that to wonder about that election result is to pursue mendacity.   

Will one House Republican explain to Republican voters
why Pelosi puppet Liz Cheney has not been banished
from the House GOP caucus?

Red Line

A Very Special Link to a Possible Reversal of Roe v. Wade

May 5, 2022 --

Here is the link to the draft opinion for the Supreme Court by Justice Samuel Alito as made available. -- that is to say, leaked -- by Politico on or about May 2.   
LPR posts the link for the convenience of its visitors so they can readily compare the draft to the opinion for the Court to be handed down.  LPR will not be surprised if the actual decision is not identical with Justice Alito's draft.



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May 5, 2022 --

A Theory of Relativity From LPR ...

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What other reason would explain its decision to sharply curtain coverage of Major League Baseball, with concomitant removal of daily publication of the team standings?  

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