Evil Motive and the US Supreme Court
Last month there was a terrific article in First Things about how theUS Supreme Court is using "evil motive" and "hate motivated"arguments in order to declare certain laws to be unconstitutional. The article is now available online at http://www.firstthings.com/ftissues/ft0406/articles/smith.htm and it is a very sobering read.
To quote from the article:
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"It seems evident that the Court's technique is not well calculatedto promote mutual understanding. Let's look first at its effect on the losing litigants is such cases. With its evil-motives discourse,the Court makes it clear to citizens who support an invalidated measure—such as the Colorado Amendment 2 struck down in Romer—not only that they have lost but also that they have masked andmisrepresented their real motive, which, as the Court has discovered,is hatred.
The expressed moral convictions …
Last month there was a terrific article in First Things about how theUS Supreme Court is using "evil motive" and "hate motivated"arguments in order to declare certain laws to be unconstitutional. The article is now available online at http://www.firstthings.com/ftissues/ft0406/articles/smith.htm and it is a very sobering read.
To quote from the article:
----------------------------------------------------------------------
"It seems evident that the Court's technique is not well calculatedto promote mutual understanding. Let's look first at its effect on the losing litigants is such cases. With its evil-motives discourse,the Court makes it clear to citizens who support an invalidated measure—such as the Colorado Amendment 2 struck down in Romer—not only that they have lost but also that they have masked andmisrepresented their real motive, which, as the Court has discovered,is hatred.
The expressed moral convictions …