This date in 1972 witnessed one of the more egregious examples of liberal judges using political ideology and capriciously-applied ethics to avoid following the law. In Furman v. Georgia,the remnants of the Warren Court, now under conservative Chief Justice Warren Burger, who dissented, prevailed in a narrow 5-4 decision that ruled the death penalty to be “cruel and unusual” under the Eighth Amendment. This was about as far away from “originalism” as the Court could get, since the Founders obviously did not regard executions as unusual at all, and cruelty has always been a subjective concept. But the Court left the metaphorical door open for new Congressional legislation that could make death sentences constitutional again if it included standardized guidelines for juries that would ameliorate “arbitrary” applications of capital punishment. Four years later SCOTUS reinstated the death penalty, which was overwhelmingly supported by the public, and in 1977, Gary Gilmore, a career criminal who cruelly and unusually murdered an elderly couple who refused to give him their car, faced a firing squad in Utah, a fate he definitely deserved.
1. I wish I had the time and fortitude to detail just how bad this New York Times Magazine article is, but I don’t, and maybe nobody with a life does. So I’ll just leave it to you to read it: “What if American Democracy Fails the Climate Crisis?” in the New York Times “Climate Issue.” Despicably, the Times handed the article over to openly and egregiously Left-biased journalist Ezra Klein, the founder of Vox and a dedicated practitioner of journalism as progressive propaganda. This means that only one point of view pervades the exercise, differing only in degrees and minor details. Even the title is loaded with assumptions that poison fair discourse, and I hope I will not be spoiling the suspense by pointing out that the “solution” Klein and his of-one-mind panelists (including one of the authors of the risible so-called “Green New Deal”) is a Leftist take-over of the U.S. and preferably capitulation to world government. I was going to list the most outrageous and dishonest quotes, but that would have taken up the whole post. The “I mentally checked out here” moment was in the introduction, in which Klein writes, being “hopeful,” “A rising generation understands the urgency of the moment, even if their elders do not.” That rising generation understands nothing about climate science, much like their “elders,” but have been indoctrinated into thinking they do. That’s “hopeful” for a nascent totalitarian like Klein. The rest of the issue is substantially deceit and propaganda, like the article about how climate change is already ravaging islands like the Bahamas, focusing on Hurricane Dorian as if there is any way to trace its origins to the topic of the issue.