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Showing posts with label 14th Amendment. Show all posts
Showing posts with label 14th Amendment. Show all posts

Thursday, July 4, 2019

What Good Is The Supreme Court?

Aren't Supreme Court justices supposed to be highly credentialed legal scholars--well, at least nowadays? Don't they have a small army of law clerks, all graduates of from the top tier of their class at the top law schools? And, in the case of Brett Kavanaugh, isn't every single one of those clerks the smartest female available for the job?

A top professor at Yale Law School who strongly endorsed supreme court nominee Brett Kavanaugh as a “mentor to women” privately told a group of law students last year that it was “not an accident” that Kavanaugh’s female law clerks all “looked like models” and would provide advice to students about their physical appearance if they wanted to work for him, the Guardian has learned.
Amy Chua, a Yale professor who wrote a bestselling book on parenting called Battle Hymn of the Tiger Mother, was known for instructing female law students who were preparing for interviews with Kavanaugh on ways they could dress to exude a “model-like” femininity to help them win a post in Kavanaugh’s chambers, according to sources.

And you wonder why going to Yale beats out other schools? When you have Amy Chua as adviser, the world's your oyster, if you look like a model.

But how is it that the SCOTUS, led by no less than the Chief Justice himself, came up with such an absurd ruling as the recent Department of Commerce v. New York case in which they decided that it was OK to engage in mind reading regarding an act that was perfectly legal? Shades of the Mueller/Weissmann obstruction theory! I'm very much inclined to agree with Joe DiGenova's explanation--that the case had nothing to do with the law and was simply about John Roberts wanting to poke a finger in Donald Trump's eye. Which says a lot about the passive-aggressive mindset of of men who have spent their entire lives single mindedly pursuing a sinecure in which you get to wear a black robe.

But, now come David B. Rivkin Jr. and Gilson B. Gray to explain that there's a perfectly good way for Trump to give Roberts the kick in the pants he deserves while simultaneously occupying the high ground of constitutional governance: How to Put Citizenship Back in the Census--The 14th Amendment gives the Trump administration the justification it needs.

Here's what the 14th Amendment says: