Scalia’s Vacuum & Mukasey’s Paradox


As jurisprudence goes, the last few years have seen legal thinking so daft that one could conclude that it was the babblings of psycho ward inmates.

The hand’s down babbler in chief is, of course, Supreme Court Justice Antonin Scalia, who in writing for the majority in turning aside a lawsuit against Wal-Mart by women employees “reasoned” that the failure of the retail giant to have a uniform employment policy which may result in systematic gender bias has no standing because there is no policy.

Having let that sink in, we’ll move on the former Attorney General Michael Mukasey, who runs a close second for what one commentator called Mukasey’s Paradox.

That is, lawyers cannot commit crimes like justifying the use of torture when they act under the orders of a president, and a president cannot commit a crime when he acts under advice of these lawyers.

Please pass the Paxil.