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laws

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Justice on the Brink

I sent poor Mykala a 1,361 word screed, generously quoting Linda Greenhouse, about why the Supreme Court is broken for the foreseeable future. Before I paste in parts of that here, consider this:

New York Times public editor Daniel Okrent said that he has never received a single complaint of bias in Greenhouse’s coverage.

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Freedom

The year is 1943. The Supreme Court upholds the right to not say the pledge of allegiance in a classroom:

The case is made difficult not because the principles of its decision are obscure but because the flag involved is our own. Nevertheless, we apply the limitations of the Constitution with no fear that freedom to be intellectually and spiritually diverse or even contrary will disintegrate the social organization. To believe that patriotism will not flourish if patriotic ceremonies are voluntary and spontaneous instead of a compulsory routine is to make an unflattering estimate of the appeal of our institutions to free minds. We can have intellectual individualism and the rich cultural diversities that we owe to exceptional minds only at the price of occasional eccentricity and abnormal attitudes. When they are so harmless to others or to the State as those we deal with here, the price is not too great. But freedom to differ is not limited to things that do not matter much. That would be a mere shadow of freedom. The test of its substance is the right to differ as to things that touch the heart of the existing order.

If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein. If there are any circumstances which permit an exception, they do not now occur to us.

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People With Guns Kill People

Congressional gun control legislation is falling apart:

I can’t stand that this is what America is; that we trade our children’s lives for the opportunity to purchase items specifically invented for killing. I can’t stand it. It’s pathetic and embarrassing and barbaric.

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Smoking ban

Sometimes, you enact a smoking ban, and clubs refuse to abide by the new rules:

Elliott Marcus, an associate commissioner of the health department, said that he knew where the trouble spots were. “It’s these high-end places for people who think that the rules don’t apply to them,” he said.

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