Monday, July 4, 2022

Some Thoughts on SCOTUS

 One must be careful in commenting on SCOTUS decisions. Thus I waited a bit to make some observations. Let me begin:

Abortion: A complex issue. In Thomistic Theology there is the concept of the unjust aggressor. Thus rape and incest follows the unjust aggressor rule allowing for abortion. However that is irrelevant since the elimination of Roe was predicated on bad SCOTUS decisions. Indeed there is no right of privacy in the Constitution, penumbra not withstanding. The Warren and Brandeis paper established that. So why not? Simple, Congress could readily enact a right to privacy but it never will. Why, the Government and everyone else wants to know what you are doing. Think NSA! You will never have privacy. It is worse today than ever before. The logic behind the Roe decisions was in my opinion flawed. There being no right to privacy then thus the right to an abortion is void if that were the premise. However abortions are not a new phenomenon and many countries allow for them in a variety of circumstances. The problem is that in the US there is no national law and there are some fifty plus local laws. Thus abortion per se was not done away with it was localized. The real problem in my opinion is that there are two camps with no possibility of common ground. One camp wants nothing and a second camp wants anything.

EPA; Here the issue is simple. Chevron. The SCOTUS stated in Chevron that if Congress wrote a bill that was incomprehensible then the Executive could interpret it any way it wanted to. Nonsense. Congress should be more careful and amend its own mistakes. We have seen an explosion in Administrative law, more than any other country. Why? Simply Congress is lazy and pardon the observation just plain dumb. So many laws are written by lobbyists for their own purposes. It is about time to rid ourselves of Chevron and get Congress to write readable laws! Administrative Law has become the bane of all in the US. Having done business in over twenty countries I can attest that the US has the most complex system. We have un-elected Government employees "making" new laws on the fly and the same bunch adjudicating them via Administrative Law Judges.

School Tuition: Well here we have a mess. If I want to send my child to a private school and pay taxes than I should get the benefit of the tax. However the school should be pari passu with all others. Sticky wicket at best.