Supreme Court Decision Could Encourage A Horrible Form Of Racism

Supreme Court Decision Could Encourage A Horrible Form Of Racism – http://huff.to/1yRuFxA

The article is missing the point.

It isn’t whether the USSC will defang the law, it’s whether the courts gave the law extra fangs in the first place.

It’s the kind of article somebody without a legal background writes.

The courts are courts of law, not courts of justice, and that’s a good thing because entirely subjective justice is no justice.

What’s fair as an equity issue has no role in the prosecution of an offense with criminal type consequences.  It has to be proven the letter of the law was violated.

Fair housing is slightly more complicated, but there the issue is jurisdiction, both for the authority and for the judge acting on an application.

If you rely on a statute for jurisdiction, you need to find jurisdiction in the statute. 

If the courts have read too much in there may be a problem.

If there is a prior USSC decision on point they should consider themselves bound by it unless it’s clearly wrong.

This is a case where the pitch is to Kennedy, he’s more of the big picture decision maker, and maybe to Roberts who is a pragmatist.
Roberts looks at the impact of decisions including on politics. 

It may also come down to the jurisdiction of the agency, a slightly different and potentially distinct issue.

If the agency is set up by separate section or separate statute, the jurisdiction could be broader than offense enforcement provisions.  An agency tends to imply a more involved role than just prosecuting offenses.

I’m of two minds about this.

On the one hand discrimination needs to end.

On the other, if intent is not required and effect is enough, it seems reaching.  There isn’t the same moral culpability.  Should one have to be a scholar in statistics, economics, sociology and related areas to own a building, and defend one’s business model?  There’s something troubling about that.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: