Our new Supreme Court Justice, Elena “Lisa Simpson” Kagan, votes in the minority to overturn an execution-
God, how I love this. Commenting on current events gets pretty boring and depressing, but when you can tie it into the big picture, you can really stare into the gaping maw of the beast.
Wikipedia on antinomianism-
I’m indebted to Moldbug for this term, which of course is religious in nature but applies well to our current regime. In the religious sense it means the rules don’t apply, at least to those properly in touch with God. In the sense I use it here, it applies to the “higher law” that allows the breach of the lower, whatever exactly the “higher law” is and who gets to define it.
Elena Kagan I’m sure is very smart; I’m very smart but I think she’s a bit smarter than me. However like many of a certain kind of smart people, she is also stupid.
Why does Kagan find this chemical unsuitable for killing a human being through the legal procedure we call execution? Because it’s “unsafe”. No, really. I haven’t read the decision, just the news article, but I don’t think the LA Times is lying to me.
If Elena Kagan were honest, she would simply say, “I believe executions are wrong in all cases. So I vote against this execution.” But the rules demand she come up with a “legal”, “Constitutional” reason. We can’t have nine judges just telling us what to do! They don’t just make up the law, they study and enforce its highest principles! Honest!
This chemical, if administered, will cause death. You can’t get much more unsafe than that. Kagan spent a long time going to special schools for smart people, and she can’t come up with a better reason than this? Even stupid people hate having their intelligence insulted.
History repeats itself. In the 70’s and 80’s the California Supreme Court was led by a woman named Rose Bird-
I remember in one case Bird said a man couldn’t be convicted of murder because although he had stabbed the victim 40 times, it was never proved that he intended to kill him. Note Stanley Mosk’s statement- I’m sure he sophistically overturned as many death sentences as he thought he could, but he recognized some limits to decency and appearances. As a result he was not challenged and kept his seat.
Bird was removed by the voters, as is possible in many states. We are stuck with Elena Kagan and her arbitrary rule as long as she lives.