Posts Tagged ‘The Boston Globe’

Senator Warren is Part of the Problem

April 2, 2017

Senator Elizabeth Warren, aka Fauxcahontas, recently wrote an opinion piece in the Boston Globe opposing the nomination of Neil Gorsuch to the Supreme Court. On the whole, the article was not worth much, being composed of the usual talking points about right wing extremism and Republican class warfare against the poor, written by a woman who is worth millions but there was one or two paragraphs that caught my attention since they illustrate why there is a lack of civility in contemporary politics.

On the bench, his judicial decisions show a remarkable ability to shape and re-shape legal arguments in ways that benefit large corporations and disadvantage ordinary people seeking justice. In the Burwell v. Hobby Lobby Stores case, when he had to choose between the “rights” of corporations and the rights of women, Gorsuch sided with corporations. In consumer protection cases, when he had to choose between the “rights” of corporations and the rights of swindled consumers, Gorsuch sided with corporations. In discrimination cases, when he had to choose between the “rights” of corporations and the rights of employees to be free from harassment and abuse, Gorsuch sided with corporations.

Notice the use of quotation marks when she speaks of rights that she disagrees with. In her mind, Neil Gorsuch cannot be simply concerned about religious freedom, the effectiveness and constitutionality of certain laws or government overreach in regulating the workplace. There is not an honest difference of opinion or priorities here that can be discussed and debated. No, Neil Gorsuch is a puppet of the corporations and right wing extremists. He has no logical reason for the rulings he has made, he is simply evil.

Warren goes on;

Gorsuch has taken positions that are even more extreme than his extremely conservative colleagues. When it comes to the rules that protect public health and safety, Gorsuch is more radical than Scalia was. Gorsuch believes that courts should not be required to defer to expert agency interpretations of their governing laws. If he had his way, he’d make it even easier for corporations to challenge health and safety rules that prevent them from polluting our air and water, poisoning our food, undermining public safety, or cheating people out of their hard-earned savings.

What she is referring to is the Chevron Deference, the legal principle established by Chevron vs. National Resources Defense Council in 1984, which holds that the courts should defer to agency interpretations of statutes unless they are unreasonable.

What this means is this. Suppose the EPA decides that a ditch in your back yard is a wetland and forbid you to drain it or develop that part of your lawn in any way, You might take the EPA to court in the grounds that they have no jurisdiction over your private property, but the courts must defer to their own interpretation of the relevant regulations, so if the EPA says they have jurisdiction; they have jurisdiction. You may question whether a ditch constitutes an actual wetland, but the court must defer to their expects, so if the EPA says it is a wetland, it is a wetland. This is a silly example that might never occur in real life, but it illustrates the principle and demonstrates why it is almost impossible to win a court case against a federal regulatory agency. The system is rigged in their favor.

This might be a good thing. One would suppose that the people working for the EPA would know the most about protecting the environment and would be less biased than a company that is polluting, but one can see the potential for abuse, especially if the regulatory agencies are staffed with activists and zealots. In any case, there is legitimate concern among conservatives like Neil Gorsuch that the Chevron Deference permits agency overreach and abuse of power. In Senator Warren’s opinion .anyone who questions the Chevron Deference cannot have any real cause for concern. They must want to allow pollution and poisoned food because they are evil and greedy.

How can you have civility in politics when one side accuses the other of wanting to discriminate and cause pollution? How can government function when a constitutionally elected president is routinely compared to Hitler and his opponents call themselves the Resistance as though they are fighting a foreign occupation. To be fair, there is a lot of this on both sides, but I think it is much, much worse on the left. At least, people on the right haven’t been calling for a military coup to overthrow the president or attacking Trump’s supporters. There was a certain amount of insanity from the right during the Obama administration, but responsible Republicans tried to keep it toned down. Where are the responsible Democrats? There don’t seem to be many left in the Senate.

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