I write here often that we must distinguish between law and ethics, and as a lawyer, I am comfortable with the reality that a decision required by the law may be unethical, in that the results may harmful and undermine the broad goal of what a law or laws are supposed to accomplish: a healthy society, a functioning government, a safe and happy public and justice. Just as doctors need to develop emotional armor that allows them to go on practicing medicine when the operation is a success but the patient dies, so must judges learn to move on when interpreting a law as written has an absurd result, and they must allow that result to occur. I understand all that.
I still can’t understand the opinion in Taylor v. Kobach, however.Maybe someone can explain it to me with a straight face. The opinion itself is beyond reproach, clear and unassailable. The problem is that it ignores the Mastodon in the courtroom: the letter that the opinion deems sufficient to meet the requirements of the statute in question embodies a lie, and defeats the intent of the very statute that the court is using to declare the letter valid.
How can judges do that? How can they stand doing that? Continue reading
Welcome to Kansas.
The Kansas U.S. Senate race demonstrates why so many Americans tune out politics, spit on both parties, and simply assume that there is no way to avoid being governed by knaves, cheaters and fools.
If you haven’t been following this dispiriting embarrassment, I commend and envy you. The election is considered a crucial one that could decide control of the Senate, where the Democrats currently have a majority that looks shaky at best. The Kansas Republican incumbent, Pat Roberts, appeared beatable in the GOP primary, and he was in a tough three-way race in the election. Trailing in the polls, the Democratic nominee, Chad Taylor, pulled out of the race, leaving Roberts to run against an independent, Greg Orman, who has belonged at various times to both parties, who wants to leave his real loyalties secret for now and who looks like he might beat Roberts. The Kansas secretary of state, Kris Kobach, claimed that under the law, Taylor couldn’t withdraw with the letter he wrote for that purpose, and had to stay on the ballot. This week, Kobach’s position was rejected by the Kansas Supreme Court.
This account just skims the surface of the real sludge in this bi-partisan cesspool. Consider: Continue reading