A Curious Notion: SCOTUS With A Scrotum?

On this apparently historic day in U.S.history I, your “humble narrator” seemed to observe quite A Curious Notion. What might that be? One may be inclined to inquire. I would be compelled to respond that; “I am not sure” but, it appears somehow to be an actual human scrotum. The inquisitive may shrink back aghast with the mildest of shocks and request that I elucidate. Again, I must be quite reserved in my response, as I am not completely convinced.

Just as a common frame of reference; tt is highly irregular indeed for a federal official of any stature to publicly exhibit even the slightest appearance of vertebrae much less, any actual scrotum, not to mention a capital government official that heads a co-equal branch of the U.S. government. Truly inconceivable, it would be, to believe that such a person would also have been installed by the previous administration by a dubious chief executive of the political party in opposition to the current one, especially in this extremely polarized political climate of late. Surely, I am somehow gravely mistaken! This would appear to the naïve, to resemble a functioning government. Let us take a moment to ponder the possibilities of how this could exist.

Since this concerns the law we must understand the parlance of lawyers, the most basic of which is the concept of “precedence”. The root of which is to precede, or more aptly on this occasion, “that which has gone before.” To the layman this simply means what we did in the past. So we must look into history.

Now, before getting too dusty, one must realize just what we are actually discussing, that being a notion of “judicial independence”. This type of thing has happened before; in fact it is actually the way that the American system of “checks and balances” was designed by those “wacky madcap pranksters”, the “Founding Fathers”.

The last time that I can remember something like this happening was “of course”, during that crazy decade we call the 1960’s. The executive was Dwight D. Eisenhower, a sitting Republican president, and the jurist was Chief Justice Earl Warren, also a Republican, of the SCOTUS. Now for you really sharp kids out there, this is the same Chief Justice Earl Warren of both the Kennedy Assassination hearings and the “Miranda Decision”. What’s the Miranda Decision? You might ask; We won’t get into that right now but, let’s just say, “You have the right to remain silent…”  To make a long story short this man really had “cohunes”! He demonstrated judicial independence on a regular basis. So to compare the current to the former, that may be a bit premature yet! Time will inevitably tell. Where the curiosity lies for me is in why. Why him? Why now?

As any fifth grader can probably tell you, the members of the SCOTUS have a term to serve for life, or in reality, as long as they want to. Obviously brain death does not count for them but, we will cover that another time. This term of office is different from any one else in government service, including civil service employees, the reason being is so that the members of the SCOTUS will develop and express judicial independence. Still the questions linger, why him and why now? Could it be another point of legal parlance? That is that; officers of the court are to avoid the appearance of impropriety, especially jurists.

This would seem to be contrary in the wake of another quite recent decision. That would be the determination made by the SCOTUS in the “Citizen’s United Decision”. Now to do that in public took a real set of stones! But I digress! Maybe it was a persuasive consultation with colleges or peers? Perhaps it was a twitch of conscience or just a brief “moment of clarity”, like in Pulp Fiction!  Could it have been a pitiful attempt at redress to the little guy for perverting elective democracy so horribly in a previous decision, one in which the magnitudes of the real consequences are just beginning to come to the surface? Was it a faint realization that the decisions of the SCOTUS have significant impact upon the lives of everyday people no matter how they may appear from such a lofty perch, and that history will be the harshest judge? Or has the attempted striking down of codified racial profiling prompted just a tiny morsel of judicial independence and thus: a mutation, and the growth of an actual human scrotum? I will continue my observations and we shall see.


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