“How nice for the Supreme Court. It can take the precautions it deems necessary to keep its workplace safe…If only the court were willing to extend similar protections to the rest of us, in our workplaces. Or to be more precise, not to interfere with the Occupational Safety and Health Administration’s effort to provide such protections.”
—-Ruth Marcus, long-time WaPo op-ed writer and deputy editor of the Post editorial page.
Marcus’s opinion piece, “Boris Johnson in reverse: The Supreme Court gives itself what it bans for the rest of us” is unforgivable, and the Washington Post should be excoriated for publishing such garbage. Why didn’t the editors…oh. Right. Ruth Marcus is an editor. The essay would be inexcusable if Marcus were just a typical op-ed partisan loud-mouth, because it is one of those punditry pieces that makes readers more ignorant than they were before they read it. The Supreme Court didn’t “ban” institutions or employers from making their own rules about Wuhan virus precautions as the headline says. It banned a vaccine mandate issued by OSHA, an agency, it concluded, that had no legal authority to issue one.
But Marcus isn’t any ordinary incompetent pundit. She’s a lawyer, or at least graduated from Harvard Law School: I can’t determine whether she ever passed the bar examination or is licensed to practice. She never has practiced, since she entered journalism rather than law after getting her Harvard JD. It’s no excuse. She knows what the Supreme Court does; most Americans don’t. Why is she writing op-eds that falsely pretend that the Supreme Court “extends” protections over anyone or anything unless it deems that those protections are already guaranteed by law? Marcus “reasoned”…
The court’s 6-to-3 ruling Thursday blocking the Biden administration’s vaccine-or-test mandate is yet another example of the elite playing by one set of rules while applying a different standard to the masses — Boris Johnson-ism, but worse. In that case, the British prime minister partied away in defiance of rules imposed on lesser mortals. In this one, the justices declined to extend the same protections to others that they grant themselves.
Not only are lawyers trained to make better analogies than that, opinion writers are supposed to be able to make better analogies than that no mater what their background and training. If they can’t then they shouldn’t get published. Boris Johnson violated a directive that his government issued for the rest of the population. The Supreme Court hasn’t done anything like that. If has forbidden a government agency from abusing its power by forcing businesses to do what is beyond the agency’s authority to require. No government agency could require participants in a workplace to wear business attire, and SCOTUS would end any attempt to do so, but it wouldn’t be “the elite playing by one set of rules while applying a different standard to the masses” for the Court to continue to enforce its own dress code, by its own choice.
Does Marcus really think it would make any sense at all for the Court to announce, “Since we’ve concluded OSHA shouldn’t be able to fine businesses with 100 workers or more to require employees to be vaccinated, the Court will no longer require lawyers appearing before it, and the reporters in the chamber, to test negative and be masked, except when speaking.” That would be a non-sequitur. Incidentally, those requirements are dumb, since speaking is when the danger of spreading the virus is at its highest. Nor does the Court set any standard for masks, which are mostly for show. Well, never mind: more than half the Court is over 65, meaning that they are at high risk if infected, while the vast, vast majority of workers who would have been effected by the banned mandate are under 65. That’s just another reason Marcus’s analogy is ridiculous.
What is Marcus doing then? She is doing what so many desperate progressives and Democrats are doing now—abandoning honesty, fairness, and responsibility and integrity in a desperate effort to rescue Joe Biden and the unscrupulous Democratic Party from losing power and support, as they so clearly deserve to do. They will do and say almost anything; here, Marcus is attacking the Supreme Court as she attempts to give those spreading the false narrative that the SCOTUS is a “threat to democracy” more ammunition to de-legitimize its authority. She has to know her argument is nonsensical, but she is confident that enough readers are ignorant of law and logic that he op-ed will convince more people than it disgusts.
This is a major betrayal of trust. Deliberate efforts by perceived authorities, experts and professionals to abuse their credibility by deliberately making members of the public ignorant and stupid represents a particularly heinous form of unethical conduct. It is one that Ethics Alarms has flagged frequently, yet I do not have a convenient name for the practice. It is worse than lying, or spreading misinformation. Making the public dumber cripples citizens’ ability to function competently in a democracy, while simultaneously softening them up to be exploited by demagogues. It is a terrible, indeed evil thing to do, and any journalist, politician, elected official, lawyer, scientist or other elite authority who engages in it intentionally is, to quote our previous President in one of his most inspired moments, an “enemy of the people.”
Ruth Marcus, with this disgraceful op-ed, qualifies.