The media has been dishing up
fake news for numerous months, probably years. Now the courts are dishing up
fake laws. The fake news and fake laws both come from abuse of the First
Amendment to the Constitution of the United States.
Marc O. DeGirolami posted an article
titled “Fake Law.” He claims that the fake laws come from a hatred for Donald Trump. He starts his
article with the following paragraphs.
Something ugly is happening to the First
Amendment. It is being contorted to enable judges to protest Donald Trump’s
presidency. The perennial impulse of judges to manipulate the law to achieve
morally and politically desirable ends has only been exacerbated by the felt
necessity to “resist” Trump. The result: Legal tests concerning the freedoms of
speech and religion that in some cases were already highly dubious are being
further deformed and twisted.
Welcome to the rise of fake law. Just as
fake news spreads ideologically motivated misinformation with a newsy veneer,
fake law brings us judicial posturing, virtue signaling, and opinionating masquerading
as jurisprudence. And just as fake news augurs the end of authoritative
reporting, fake law portends the diminution of law’s legitimacy and the warping
of judges’ self-understanding of their constitutional role.
Those who try to police the relentlessly
transformational projects of constitutional progressives had much to dread from
the Obama administration, an inveterate ally of the legal left that did what it
could to graft the aspirations of progressives onto the Constitution. But Trump’s
presidency may be even worse, because too many judges now feel called to “resist”
Trump and all his works – no matter the cost to the law’s authority and to the
integrity of the judicial role.
It appears that the media and the
courts have lost their integrity with their fake news and fake laws. Obviously,
there are many people and organizations who do not understand the Constitution.
If they understand it correctly, they may not trust it, or like it.
No comments:
Post a Comment