Jun 23, 2012

Roberts' Court Decides Issues Not Asked in Body Blow to Organized Labor

Update: In a related article on how First Amendment doctrine is being created for Corporate America by academic shills such as Eugene Volokh, Martin Redish, and Kathleen Sullivan, see How Top Law Professors Are Working to Expand Corporations’ Constitutional 'Rights.' (Rosenfeld. AlterNet; June 18, 2012)

As the nation's top appellate court, the U.S. Supreme Court under chief justice John Roberts again has taken upon itself its power to cast its political vision onto cases where the litigants do not present the issues upon which Roberts decides to cast judicial fiat in yet another 5-4 case, Knox v. Service Employees (628 F. 3d 1115).

Justice Sotomayor concurs in a narrow judgement of the issues presented upon appeal and rightfully heaps judicial scorn upon Roberts and the GOP majority for its authoritarian overreach in its pursuit of partisan power:

I concur only in the judgment, however, because I cannot agree with the majority’s decision to address unnecessarily significant constitutional issues well outside the scope of the questions presented and briefing. By doing so, the majority breaks our own rules and, more importantly, disregards principles of judicial restraint that define the Court’s proper role in our system of separated powers.
Mitt Romney, corrupt GOP justices, Scott Walker and the Republican Party resemble a plundering Army.

No comments:

Post a Comment