The Death of American Jurisprudence

The aged mediocrities of the Supreme Court have done it again:

The justices conceal their despotism in rhetoric and flat-out lying. As Antonin Scalia demonstrated in his dissenting opinion, the "national consensus" that the justices cite to justify the decision doesn't exist. Kennedy and company did a shoddy job of lining up this lie, first inventing a national consensus against executing 17-year olds, then conceding that it doesn't exist by whining about America's refusal to ratify international treaties that forbid the practice.

As the Supreme Court writes a new constitution, the justices are using as their co-authors foreigners not Americans. This now routine reliance on foreign fashions illustrates their alienation from and distrust of the American people. In citing the "overwhelming weight of international opinion" in the Roper decision, the justices are in effect saying to the American people: we are right, you are wrong; since you won't support our boutique views, we will look abroad for support.

If anything underscores the need for Bill Frist to get real serious real quickly about the judicial nominations battle, it is the prospect of more 5-4 legal decisions by cackling old fools who've apparently never met an Armani-clad Brussels bureaucrat or ersatz Dr. Phil-style pop psychologist they didn't admire.

I guess Americans will just have to get used to the notion that 17-year-olds are wise enough to litter foreign battlefields wearing an American military uniform but are too stupid to know the difference between murder and misdemeanors.