In a 1930s comic strip, Popeye the
Sailor argued heatedly with Bluto, his enormous nemesis. “Let’s
you and him fight,” Wimpy urged Popeye. That’s the first known
use of the phrase.
Like Wimpy, the national media goads
opposing sides into a fight, because a good dispute attracts viewers
or readers.
Of course, bitter divisiveness exists
between some conservatives and liberals, Republicans and Democrats.
Differences run deep, and opinions may cause some to believe their
opponents are not only wrong, but bad. Why make it worse?
Here’s a recent story that makes the
point. It’s about a U.S. Supreme Court decision that attracted
editorial attention last week, because it suggested that a
conservative justice had flipped sides.
The decision came on a 5-to-4 vote of
the justices. There are supposedly four liberals and four
conservatives and possibly one swing justice on the Court.
The big news was Neil Gorsuch, the
conservative judge put on the Court by President Trump, had voted
with the four liberals. His appointment is one of Trump’s proudest
accomplishments, so the implication in some reports was that Gorsuch
had surprisingly betrayed Trump.
All of this added up to major news in
the conservative-liberal wars. “Gorsuch Sides With Liberal
Justices,” trumpeted a Wall Street Journal headline.
The only problem is the case had little
to do with ideology. The Supreme Court was struggling, as usual, to
determine what the law is.
In 2015, the Court voted 8-1 that a
catchall federal law defining a violent felony was so vague that it
could not be used in criminal sentencing. In that case, merely
carrying an illegal weapon did not necessarily threaten violence.
Courts could not interpret the law to make it a violent act.
The decision was written by Justice
Antonin Scalia, the conservative hero whose sudden death opened the
way to Gorsuch’s appointment as his successor on the Court. All
the liberal justices and all the conservatives but one agreed with
Scalia.
A week ago, the Court had a similar
case. But this time, the language of the law was slightly different,
and it did not relate to criminal punishment. The defendant could be
thrown out of the country if he had threatened violence.
The four liberals found the law in this
case was just about as unclear as in the previous case and the
definition of violence too vague to apply. The sole dissenter in the
first case kept to his view that neither wording was vague.
The minority in last week’s case
thought the catchall language differed enough that this version was
not unduly vague. The government argued that expulsion is not the
same as being convicted of a crime, so the new language was good
enough. One justice thought vagueness only mattered in criminal
cases.
Gorsuch agreed with Scalia’s
reasoning and said it should apply to civil as well as criminal
matters. In other words, the new justice took the same position on
vagueness as the conservative idol he replaced. He ended up agreeing
with the liberals who stuck to Scalia’s previous decision.
If you find all this either confusing
or boring, you can understand why the Supreme Court should be
composed of people able to think in depth about the law. But you may
also see how, never mind the media coverage, this case had little to
do with liberals versus conservatives.
Gorsuch was just doing his job, not
fighting an ideological war. But it seemed newsworthy to imply that
his decision was an unexpected switch to the left. That beats
remarking that the liberals, along with Gorsuch, adopted a
conservative position for individual rights against government power.
The media has taken to identifying all
federal judges by whether they were appointed by a Republican or
Democratic president. The false assumption is that they make
decisions based on their political affiliation, though their job is
to decide based on the law.
Recently, three judges on a federal
appeals courts ruled that the Attorney-General could not cut off some
funding for Chicago after he had determined it was a “sanctuary”
city. The court found the Constitution’s separation of powers
allowed only Congress, not an executive branch official, to make such
a decision
The Republican Attorney-General was
following directions from a Republican president. All three judges
had been appointed by Republican presidents. But their loyalty was
to the Constitution not to a political party.
In “Let’s You and Him Fight,” a
cartoon film based on the comic strip, Popeye and Bluto fought to a
draw.
The media should quit promoting more
Popeye-Bluto bouts.
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