July 10, 2019
Party Labels

From the New York Times:

In 90 minutes of oral arguments on whether a federal district judge in Texas was correct in striking down the Affordable Care Act in December, two appellate judges appointed by Republican presidents peppered lawyers with blunt questions while the third judge, appointed by President Jimmy Carter, remained silent.

The two Republican appointees, Jennifer Walker Elrod, appointed by President George W. Bush in 2007, and Kurt Engelhardt, appointed by President Trump in 2018, seemed particularly skeptical of the Democratic defendants’ argument that Congress had fully intended to keep the rest of the law when it eliminated the penalty for going without insurance as part of its 2017 tax overhaul.

Identifying judges by party is a welcome change for the Times, as it would be for just about the entire American media. But even the Times couldn’t stay out of step for long. Here’s the next paragraph:

If the mandate is indeed unconstitutional, the next question is whether the rest of the Affordable Care Act can function without it. In December, Judge Reed O’Connor of the Federal District Court in Fort Worth said it could not and declared that the entire law must fall.

O’Connor is a Republican, that goes without saying. But it shouldn’t, given the political innocence of many, perhaps most, Americans. They might even believe Chief Justice John Roberts when he says “We don’t work as Democrats or Republicans,” and “We do not have Obama judges or Trump judges, Bush judges or Clinton judges,” and “We do not serve one party or one interest. We serve one nation.” Roberts may even believe that stuff himself, although I hope not. I’d rather have a partisan on the Court than a moron.

Every judge, every time, right down to traffic court, should be identified by his party of origin by every broadcaster and publication in America. Meanwhile, though, you’ll have to count on me. Just go to the right hand column and click on “Who Put That Asshole on the Court?”

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Posted by Jerome Doolittle at July 10, 2019 07:18 PM
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