Monday, June 8, 2009

Too Long...

So I have been absent again from my blogging duties. I am not sure if duty is the right word but I blame that on being forced to read Kant as a small child.
1) A thought on the nomination of Sotomayor. There Republicans have made a huge stink over whether or not personal experience feeds (or should feed) into how one views the law and how one behaves as a jurist. I find this question laughable. The question is moot and reflect an old ideology and a lack of grasp on the reality of legal decision making. Fact: Personal experience DOES have an impact on how you make legal decisions whether you realize it or not. Tell me this to not be case with Scalia or (gasp) Roberts! This does raise other questions which is worth discussing: What kind of experiences do we want feeding into the decision making process? What kind of variety of life experiences do we want on the court? The first question is about individuals. The second is about the make up of the court as a whole. Jeffrey Toobin wrote a great bit in the New Yorker about how the court has always been decided to reflect some kind of electorate balance. In the beginning we had regional seats. Then we had a catholic seat. Then we had a jewish seat. These were facts of the process of nominations and confirmations. It seems ridiculous now to ignore this and cloak prejudice and partisan hackery in terms of "originalism" or accusing people of "reverse racism" (a phrase I am still not sure I understand). The fact that we try and give seats on the high court to women, african-americans, hispanics and hopefully one day a gay jurist is simply an attempt to get brilliant minds together first and second make sure those minds are a reflection of the America in which we live in and (more importantly I hope) a reflection fo the America we hope to someday find ourselves in. As usual though we are missing a chance to have an honest and open discussion about the American legal system in favour of name calling and buffonery. It will only get worse I promise
2)I am thinking about buying a gun...
3)So I dream about The City. The people are all there as I knew them and this is the best aspect of dreaming in New York. Many of you who waste your time reading this are recurring characters. But the city itself is different. It looks different. It smells different. It even tastes different. Yet, it is still New York. The New York of my dreams looks a lot like london. The streets are narrower the buildings squeezed even closer together and the clastrophobic aesthetic gets into your marrow. Below Canal the city is a lagoon. It looks like Lake Ponchatrain. There is green everywhere, of slime, moss, algae and plants attempting to wiggle out of the ooze. There are above ground subway lines that go no where. There piles covered in the slick green of decay. There are ruined boats and the skeletons of destroyed docks. That New York is one that exists only between the hours of 2-4pm but it is mine and that is where I get to meet you all. At least the Red Head is still there but the beer is free and the lights are even dimmer.

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