With the exception of the judgement by the Supreme Court to overturn the Texas anti-sodomy law, the last few days have seen some bad judgements in both the United States and Britain.
Indeed even the sodomy case was dodgy – in that a good result was achieved by, I suspect, bad methods.
True I have not been able to bring myself to read the judgements (reading the words of modern judges tends to make very depressed), but unless they used the elastic Ninth Amendment (which, perhaps, could be used to stop the Federal, State of local governments doing just about anything – which might be no bad thing) it is hard to see how the six judges found anything in the Constitution to prevent the State of Texas banning sodomy. I suspect that the judges tended to waffle on about freedom – i.e. expressed their political opinions (which I happen to agree with this time) rather than actually based the judgement on the text of the Constitution (as they should have done).
As for the other cases that have caught my eye.
Well the University of Michigan has been told that it is okay to practice racial discrimination – as long as it is not open and honest about doing so (diversity waffle rather than an overt quota). This would seem to be the worst of both worlds. Of course there is an easy way to solve the problem of who goes to State Universities – close them down and have no one go to them. However, whilst they exist, it would seem reasonable that such places do not make skin colour a factor in admissions (but five of the Supremes think differently). Oh well, who reads the 14th Amendment anyway – ‘equal protection of the laws’? No, let us have ‘diversity’ instead (although the Constitution does not mention the word diversity anywhere).
Then there was the Nike case. The Supreme Court decided that if a company decided to argue back against attacks made on it, the company may be taken to Court under California’s wonderfully biased statutes. In short the First Amendment applies to ‘activists’ (individuals or groups) attacking a company, but not to the business itself.
Back in Britain we have just had the long predicted outcome to the mobile phone (cell phone) farce. Some time ago the government manipulated some mobile phone companies into paying vast sums (billions of pounds) for mobile phone licences – this put these companies into financial difficulty. Fast forwards a few years later and the government declared that companies must cut their call rates.
In short the companies had paid through the nose and then got hit on the nose. They sued – and have just lost.
The old saying is proved right yet again – never trust the government.
And remember, the courts are part of the state.