Thursday, July 31, 2008

Let the Market Decide, Even in Law?

"The judiciary is becoming an important election issue. ... The idea of a 'living Constitution' long has been popular on the political left. ... However, many Republicans, like Mr. McCain, are just as result-oriented as their Democratic opponents. They only disagree over the result desired. ... Yet, even as Republicans support and defend the Second Amendment, they ignore the Constitution when it says that only Congress can suspend habeas corpus, and then only in event of an invasion or rebellion. ... In his May 2008 speech on judges at Wake Forest University, Mr. McCain taked about the importance of 'the constitutional restraint on power', but in practice he recognizes no limits on government or executive branch authority", Bob Barr at the WSJ, 17 July 2008.

"Folks fret about trial lawyers. Are they the lawyers we should really fear? The attacks on trial lawyers continue, with recent reports of punished and jailed consumer-protection lawyers. The attackers fear that all lawyers protecting consumers go too far, but cite the successful prosecutions of extremist trial lawyers, brought to justice and punished by the court system created by our founding fathers. The trial system works on accountability. ... The lawyers we should fear are the government lawyers of the executive branch, operating with no accountabilty, in secret, authoring memos justifying widespread eavesdropping on Americans at home without warrant or legal permission of any kind. ... We should fear the Texas Attorney General's Office lawyers who approve vague standards that invite lawsuits. ... We should fear the state of Texas attorneys who take mandates by our Legislature for teacher pay raises and then force local school districts and taxpayers to pay for those mandates. ... In the teacher pay-raise decision, the Texas attorney general refused to address consitutional issues", my emphasis, Barbara Radnofsky (BR) at the Houston Chronicle, 20 July 2008. The link:

I agree with Barr, Libertarian presidential nominee. McCain has no concept of law. He's all the Constitutional scholar Obama is. That Republicans favor "result-oriented" judges is evidenced by Roberts' and Alito's recent appointments.

BR, a Houston attorney, writes, "the attackers fear that all lawyers protecting consumer go too far". No, the attackers represent corporate interests. That's all there is to it. Trial lawyers are accountable. If they take senseless cases, they lose money; unlike corporate defense lawyers paid by the hour. Think about it. I agree we should fear government lawyers. They have "sovereign immunity". What a racket. They can work for the DOJ for a few years, all the time armed with the most important power in their arsenal: the power NOT to indict. Why is this so important? Because it facilitates their getting lucrative positions when they leave government "service". What's Benton Campbell (BC) doing with his "Bear Stearns Two" prosecution? Is BC looking to identify all the miscreants involved in the production and distribution of the "financial heroin" these guys sold? Or to identify two scapegoats to protect the real powers that be? See my 22 October 2007 and 1 February 2008 posts about Ben Stein. Nothing that comes out of the legal system should be taken at face value.

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