Trusting the System

SOMETIMES, DESPITE ALL ODDS, despite all politically motivated attempts to the contrary, the American judicial system actually works, actually works to render equal justice under law. America's politically conservative political community, most notably the elected legislators thereof, has for decades been bound and determined to pack the nation's judicial system with extreme right wing judges, as if doing so has anything to do with dispensing justice, with achieving a truly just system of justice. There has been no such effort from the progressive community, which has demonstrated a willingness and even a preference for appointing politically neutral or moderate magistrates. Why conservatives consider it so important to have a system of justice which reflects politically conservative values rather than one which dispassionately executes its responsibilities with logic, reason, and fairness is debatable; it would seem, in any event, that ideology is more important to conservatives than objectivity. But there seems little reason for concern. When the chips are down, when justice is on the line, often conservative leaning judges disappoint their conservative appointers by handing down decisions contrary to conservative values. Two decisions of the current Supreme Court come to mind. The high court, with conservative justice John Roberts as chief justice, upheld Obamacare, and then, in an even more disappointing decision for social conservatives, legalized gay marriage. In both cases, the court placed constitutional considerations above their personal values. It is highly likely that the conservative judges who voted to legalize gay marriage do not personally approve of it for religious reasons, and yet saw the importance of interpreting the constitution fairly, in a manner which seems consistent with its wording. When Donald Trump issued an executive order restoring off shore drilling, a federal stepped in, and declared his action illegal, despite the wishes of most hard core capitalistic conservatives. Similarly, Trump's prohibition against Muslims entering the country has been severely limited by federal court action. this has not met with the approval of the conservative community, which tends to be suspicious of all Muslims, as possibly harboring terrorists. In Wisconsin, when a Democrat was elected to the governorship, replacing a Republican, the Republican majority state legislature promptly passed laws severely limiting the new governor's authority, in what appeared to be a purely partisan effort to cripple the new governor's powers before he even took office. The federal court system stepped in, and blocked the dubious move. And within the past few days, the ninth circuit federal court, notorious for its liberal minded judges, stopped Trump's plan to keep refugees from crossing into the United states. We must have faith in our judicial system, because we must have faith that our system of laws is adequate to maintain a well ordered, stable society. The more we politicize the judiciary by seeking to place on the bench judges of one political persuasion or another, no matter what the particulars, the more we are disregarding the prime purpose of any system of justice, and poisoning it with political prejudice. Whenever a court noted for its conservative justices make a ruling contrary to ostensible conservativism, or a court known for its progressive minded judges makes a decision contrary to liberal values, it is cause for a renewal of confidence, confidence in our ability as reasoning human beings to rise above our personal prejudices, and to elevate ourselves to the level of true fairness and reason, because, as a wise man once said, law is an ornate platform elevating the human species above the rest of the animal kingdom.