The Peril of Strict Constructionism to Democracy: Dinosaurs in the Mesolithic

The TV news( most channels ) were agog with the news that Clarence Thomas opened his paleolithic mouth and asked a question.Apparently this last occurred 3 years ago.The case was the appeal of a condemned black man from whose juries in the lower courts black jurors were systematically and in some cases entirely eliminated.In the constructionist tradition of his role model,the late Justice Scalia ,Thomas asked the defense if white jurors had ever been excluded.Scalia had opined that even if a wrongly convicted person were to be executed that would be preferable to jamming the smooth operation of the judicial system of the lower courts.It is more than likely that Thomas intends to apply that logic to the appeal case before the Supreme Court where his fellow Justices appear to be leaning in the direction of concern about juror selection discrimination.MOM’s confrontation with the Rule of Law will not be challenged by go along lizards like Thomas.Ruth Bader Ginsburg would do better befriending a parakeet.



  1. How sad that racism needs to be kept alive in the minds of some! For those needing to feed this monster belief, during jury selection it is the feelings about one’s race that are ASSUMED TO BE more operative than a jurist’s ability to understand objective methods for determining guilt or innocence. For justice to be served, most important are the methods used to determine a jurist’s ability to be reasonable, not the jurist’s race. In the case mentioned, Justice Thomas apparently understands that if white jurists too had been excluded it would be partial evidence that the proper criteria had been used.

    Justice is colorblind. For those capable of “objective” thought, race is meaningless EXCEPT for the fact that objective thinkers have to live life among many who still feel that race is meaningful. Non-racists must live among those who (precisely because they are racist) threaten to negatively impact life. For example, racists believe that their identifying with a race-defined tribe is more important than their possessing an equality of individual rights (no matter group affiliation). Some want to take part of what you have in order to compensate for damages caused by what they have defined is your race-tribe. They point to evils that were done to their tribe over a century ago. With extreme absurdity, either by expressing fear of this threat, pointing out the racist’s conflict with our country’s focus on individual rights, or by refusing to acknowledge the restitution claim’s validity, it is that attitude that the racists claim to be “racist”.

    In a complex social world where “perfect” is impossible, only “best” remains. Our justice system needs to impose penalties in order to deter criminal behavior. By creating laws designed to diminished criminality it is acknowledged that an unknown few will likely experience unjust treatment. Similarly, by law, we are required to wear seat belts. In some accidents these belts are the cause of death, but the law saves many more who would otherwise have died.
    Supreme Court Justice Thomas apparently understands the life-saving wisdom of probabilities.

  2. Going gaga over Clarence Thomas because he “can” speak is another example of how low the bar is.

    daedal2207: “MOM’s confrontation with the Rule of Law will not be challenged by go along lizards like Thomas.”

    Poor animal world … we keep using its members as nefarious examples! I thought it was lemmings … but lizards have the capacity to change their color as a defense mechanism. Theirs are instinctive reactions. Poor Nature gave us, higher beings, a brain. 😉 What a waste.

    daedal2207: “Ruth Bader Ginsburg would do better befriending a parakeet.”

    Too cute. 😉 May I suggest a tarantula? A bit of humor … sparing platitudes that pretend to be serious but are really sources of chuckles while shaking one’s head.

    1. AOK Susanna, I believe tarantulas go back beyond the Paleolithic so the creep will not have missed a beat ! Go along, get along Joe Biden is responsible for his presence on the court, making Biden’s one term,(he promises) bid to save the nation non( not in-)credible.

      1. daedal2207: “Go along, get along Joe Biden …”

        Spot on. As a result, definitely not for this generation … unforgivable misstep. “Nice” guy, but … Time to certainly move on. The problem with “progressives” is that close to perfection is the standard … definitely smarts and respect are prerequisites, along with a roadmap for the majority not the exclusive few. The opposition’s standards are proudly the opposite … flaunting dumbing down with tons of empirical gibberish and dousing contempt for societies’/humanity’s norms. Those characteristics, with the mantra of playing the victim, are enough to lead a cult. When the present cult leader thrives on chaos, there is no incentive for attempts to unification. Painful times ahead … fiscally, and emotionally. Who will get the baton?

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