Send a Tweet
Most Popular Choices
Share on Facebook 6 Share on Twitter Printer Friendly Page More Sharing
OpEdNews Op Eds   

New York-- The Buck Stops Here: Reflections on the Rule or Law and our Election System

By       (Page 1 of 8 pages)   No comments
Message andi novick
Become a Fan
  (1 fan)

Reflections on the Rule of Law and our Election System

This past Wednesday I was at court (that's what I do when I'm not doing this). The Appellate Division, First Department (second highest court in New York State) is housed in a room which says- we are a nation that exalts the rule of law. I was feeling confident: the Law was on my side. My adversary's brief had been filled with dumb arguments; the kind that made me think when I'd read it that being dumb has apparently become fashionable or why else weren't these guys more embarrassed to take certain positions. During oral argument I realized, to my horror, that many of those dumb arguments seemed credible to some of the justices of the Court. Not the same Appellate Division of my earlier career. Still, even as the system has eroded over the years, my expectation was still that justice would prevail. That's because enough of the time the courts in New York State respond accordingly. That is to say there's enough of a functioning system to believe in.

I know we've traveled far from the early days as young legal services attorneys, sure that the courts would vindicate the rights of the individual; the poor, the voiceless. We had reason to be hopeful. It was the days of the Warren Court, of Justices Douglas and Brennan- outspoken defenders of individual rights. A court in which justices like Blackmun, a lifelong Republican, could rise to the position and evolve to be the author of Roe v Wade.

Not so the present Supreme Court which has dishonored the ideals of this country. Six short years ago that Court thwarted the will of the people and handed the presidency to a loser.

It is confidence in the men and women who administer the judicial system that is the true backbone of the rule of law. Time will one day heal the wound to the confidence that will be inflicted by today's decision. One thing, however, is certain. Although we may never know with complete certainty the identity of the winner of this year's Presidential election, the identity of the loser is perfectly clear. It is the Nation's confidence in the judge as an impartial guardian of the rule of law. I respectfully dissent. – Justice John Paul Stevens 12-12-2000

And then, as I returned home from Court having put aside my thoughts about the dumbing down of America and those 5 old men on the bench who should have been humiliated, I read with horror how far we'd really fallen. Gonzales v. Planned Parenthood and Gonzales v. Carhart; five more men, two of them hand-picked by the loser – in disregard of science and legal precedence, issued a decision which defies common sense and established law and confirms Justice Stevens' dissent in Gore v Bush.

Next Page  1  |  2  |  3  |  4  |  5  |  6  |  7  |  8

(Note: You can view every article as one long page if you sign up as an Advocate Member, or higher).

Rate It | View Ratings

Andi Novick Social Media Pages: Facebook page url on login Profile not filled in       Twitter page url on login Profile not filled in       Linkedin page url on login Profile not filled in       Instagram page url on login Profile not filled in

Andi Novick Election Transparency Coalition,,
Go To Commenting
The views expressed herein are the sole responsibility of the author and do not necessarily reflect those of this website or its editors.
Writers Guidelines

Contact AuthorContact Author Contact EditorContact Editor Author PageView Authors' Articles
Support OpEdNews

OpEdNews depends upon can't survive without your help.

If you value this article and the work of OpEdNews, please either Donate or Purchase a premium membership.

If you've enjoyed this, sign up for our daily or weekly newsletter to get lots of great progressive content.
Daily Weekly     OpEd News Newsletter
   (Opens new browser window)

Most Popular Articles by this Author:     (View All Most Popular Articles by this Author)

Election Forum at SUNY New Paltz still on for Friday, June 1st


The Last Transparent Democratic Electoral System in the United States of America Cannot Be Allowed to Perish

Overview: Why New York's Legislature's Plan to Computerize Our Electoral System Is Unconstitutional

Open letter to NY citizens, election workers and election commissioners

Why I will not be renewing my membership in People for the American Way

To View Comments or Join the Conversation:

Tell A Friend