Thursday, August 05, 2010

It's all opinion

By Capt. Fogg

And thus spake Fox:

"The Ninth Circuit court as a record of being overturned" said one voice at the table.
"Obviously it deserves to be" said another. "This judge just doesn't understand the situation."
"Well she's famous for making rulings based on her opinion. What we need are decisions based on law!"

Of course, like most clubs, mine has a policy discouraging political talk at the dinner table, but in practice, that means "Liberals shut up, Fox is talking here."

Wednesday evening at the would have been a good time to start a diet, my appetite fading as my gorge rose. Yet I said nothing. Nothing would have mattered or could have stood up to the wave of regurgitated Fox propaganda. None of those present had any background in constitutional law and like virtually all Americans have a very hazy view of what it says: indeed a hazy view of the entire Arizona Immigration law in general. But they have opinions to support any inchoate anger -- the anger and the opinions furnished by Fox News and all it costs is your freedom.

Opinion? What is a judicial decision but an opinion of what the law says? Yes, of course Article 1 section 8, clause 4 of the constitution gives all power over naturalization to the US congress, but does that grant exclusive power to regulate immigration? Perhaps there is a valid discrimination to be made, but if so, the conservative one would be that the Constitution does give the Federal Government sole power to determine who will require a visa, have a visa and what the terms thereof shall be and so it's reserved to the Federal Government to enforce those rules and no to some small town Sheriff or small minded Arizona governor buying votes from the hysterical mob.

Yes, sure, that's an opinion. As I said, any court decision is the opinion of the court and to any intelligent person, the law is open to interpretation and always will be - that's why we have the ninth circuit court in the first place. Should I be impressed that my dining companions are so knowledgeable about the history of that court? Not at all, since their rhetorical unanimity shows them to be a conduit leading from Roger Ailes's rectum to my ears. It's all opinion, but not reasoned opinion based on the law. It's based as Ailes has asserted publicly, about ratings and the sales value of anger.

My nausea having begun to subside, I was formulating a polite reply, but the rush to get home in time to watch Hannity and Beck preempted the effort. I haven't been back.

(Cross posted from Human Voices)

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