All posts tagged: judicial

A False Pretense of Judicial Modesty

A False Pretense of Judicial Modesty

“As societies grow decadent, the language grows decadent, too,” Gore Vidal wrote in 1986. “Words are used to disguise, not to illuminate, action: you liberate a city by destroying it.” In recent days, the Court’s conservatives have issued one ambitious opinion after another. They expanded President Trump’s powers to fire independent regulators, rescind deportation protections, and turn away asylum seekers; weakened state authority to enact gun control; narrowed the ability of religious minorities to vindicate their free-exercise rights; eroded the due-process rights of green-card holders; and handed big wins to multinational oil and tech companies. Yet anyone not paying close attention would likely miss the Court’s radicalism. The justices’ language in most cases obscured their opinions’ effects; the word decadent fits. Using invocations of precedent to disguise rather than illuminate, the conservative justices pretend to preserve what they are overturning. This duality—sweeping remaking of law presented as continuity—has become a hallmark of the Roberts Court. Precedent matters. The idea is so axiomatic to the legal system that stating this risks condescension. But the basics are …

Thirty years of judicial negligence, at the expense of victims

Thirty years of judicial negligence, at the expense of victims

The image was devastatingly powerful. With her back turned, US Attorney General Pam Bondi refused to so much as glance at the six victims of Jeffrey Epstein present in the audience during her House of Representatives hearing on Wednesday, February 11. At the request of Democrat Pramila Jayapal of Washington, the victims stood. “Raise your hand if you still have not been able to meet with this Department of Justice,” Jayapal asked them. All six did. Bondi refused to apologize, remained silent, gave a slight shake of her head and resumed her offensive against each lawmaker who criticized her. Several times, the attorney general deflected criticism by invoking her predecessor, Merrick Garland, noting that he was never questioned in this chamber during Joe Biden’s presidency about the same Epstein case. Republican Thomas Massie of Kentucky, a tireless advocate for the victims, put the responsibility back on her. “This is bigger than Watergate. This goes over four administrations. You don’t have to go back to Biden. Let’s go back to Obama. Let’s go back to George …