Friday, May 27, 2016

Case Study Dysfunctional Federal Courts: Alabama

You all know one of my hobbies is Federal Court watching. I love our government and I take the time to understand it and track it. When people hear the news of how this Federal Court or that Appeals court ruled this way or that one an issue and ask, "How is this possible?" It's an easy answer. It the result of the function of a trifurcated governance meant to allow the evolution of juris prudence along with society with some caution. You may have learned at that the system of "checks and balances" in school.

In that system, Judges at the federal level serve for life free from the winds of popular electoral pressures. It's a position of great honor and it requires 1) a nomination by the executive branch (President), followed by a vetting of the Legislative Branch with the judicial committee of the United States Senate, and then 3) a confirmation vote by the Senate to affirm the judicial turpitude of the nominee.

Even before any of this happens the Executive Branch meets with the Senators of the states involved in the confirmation of nominees to discuss candidates and decide on mutually agreeable nominees. Well, that's how it USED TO HAPPEN. Now under the Republican take no prisoners era, many senators from the Republican Party refuse to even meet to discuss candidates and no where is this more egregious than in Alabama.

Alabama has 3 federal District Courts and all of them are suffering with a lack of judges, and neither of the states Senators have stooped to participate in the process of selecting compromise candidates with the Obama administration since 2012. The last judge being approved in 2013 after committee vetting. It's just a ridiculous situation that only adds to the complete and total disfunction of the political infrastructure of Alabama.

What's the next thing to go? Public education? Public works (potable water and sanitation)? Electricity? How far back to the Republican overlords in this Bible-belt Theocratic-leaning little southern backwater plan to drive their citizens? And more importantly, when will they rise up and make effective change?

Consider this:

1) Voting has been wittled down to the most narrow access possible of any state to obtain credentials to participate in the nation--a fact that disproportionately impacts black and elderly voters (read that as Democratic).

2) The State's Supreme Court Chief Justice, Roy Moore, has been removed for the SECOND TIME for unconstitutional behavior.

3) The Governor, Robert Bentley, (who campaigned on a pro-family values platform) is not embroiled in seriously litigation around his extra-marital affairs and sexual misconduct.

4) The Speaker of the Alabama House, Mike Hubbard, is under indictment on felony ethics charges for financial misconduct! I mean really--is there even an honest dog catcher in the state?

In conclusion:

You have to ask yourself this: "How fucking bad does your conduct have to be for your lily-white-ass, "Christian," Republican brethren to step away and toss you under the proverbial bus?"

This is all of the Republican's making. When you eliminate an environment where a healthy balance between two or more political parties exist, you just invite a scenario where the "fox" (or in this case, Elephant) is all that is left to guard the hen house. A recipe for corruption and unquestioned stagnation.

I just can't wait for Hillary to be elected president and the crisis in places like Alabama drive the system to a place of greater sanity and compromise--maybe even a constitutional amendment to clarify and end this partisan obfuscation of the system.


No comments: