Tuesday, June 20, 2006


"Men like to substitute words for reality and then argue about the words," Edwin Armstrong, inventor of FM transmission*

That is one of the wisest sentences ever spoken about the law. Referring obliquely to the lawsuits and court rulings handing his inventions to people who couldn't even understand the science behind them, Armstrong said precisely how our judges and legal scholars do those things that earn them the contempt of millions.

That's the how of it, the why is to uphold the profit of their patrons. Judges say the stupidest things in the most elegant language in service to corporate oligarches. The excuse is "originalism", "federalism" or whatever fashionable verbal distraction has been cooked up in the interest of privilege and wealth.

But it's not all sherry and aphorisms at the top. This week's ruling on wetlands was inconvenient for John Roberts, the Chief of the Republican majority. Anthony Kennedy went off program, issuing an opinion producing less than the full gutting of wetlands protection laws that his patrons wanted. Kennedy's opinion holds the balance on the issue until Bush and the Republicans appoint another hack. No doubt Roberts, being the very model of the Republican golden boy, wants to deliver as fast as he can and get the pat on the head he craves.

In the year after Hurricane Katrina, for their empty words to endanger the entirely real and vitally important wetlands is nothing short of a crime against the People of the United States. Even as they make national security an excuse to suspend the Bill of Rights they will allow developers and others to destroy the environment, leaving us all in peril. Remember the dead in New Orleans if you think that's overblown.

It would be interesting to know how the legal thinking of those taking what is clearly the ascendant position will leave what's left of the natural barrier protecting the Gulf Coast and other areas. I mean an accurate scientific assessment based on physical facts, not Bush science, not judicial bushwah. Now, wouldn't that be a really interesting legal analysis, for a change. The real world has such a way of making it all so real.

Through the PR environmentalism like what now could sadly become know as Blue Smoke Hawaii, look for more permits to plunder. The Reagan-Bush legacy will be more distruction of wetlands and as sea levels rise we will see more of what last summer brought. Say good-bye to many more people, species and maybe the entire biosphere. With their dying gasps, turning blue, these robed hacks will be consulting the Federalist Society over the best way to cover environmental plunder in the age of gigadeath.

* My thanks to Tom Lewis and Ken Burns for pointing out this revelatory quote in their "Empire of the Air The men who made radio,".

Comments: Post a Comment

<< Home

This page is powered by Blogger. Isn't yours?