April 2, 2011

· Politics

J.K. Galbraith remarked that conservatism was engaged in a long search for a superior moral justification for selfishness. But that quest may sometimes become boring, or perhaps too difficult. Not to worry, because occasions to be straightforwardly vicious are more easily found, if you have the taste for it. Its spiteful tone aside, in substance Connick v. Thompson seems to be a Lord Denning Moment for the U.S. Supreme Court. The conservative majority preferred to affirm an obvious wrong rather than face the appalling vista of a brutal and corrupt justice system. To be fair to the system, it’s worse than that. Once the initial wrongdoing came to trial a jury, the district court, and the 5th circuit (twice) all decided the other way. It’s only when we get to Thomas, Scalia, Roberts, Alito, and Kennedy that the system chose to further institutionalize prosecutorial immunity. Stitch-ups should be seamless: if someone could pull at a stray thread, the whole thing might unravel, after all.

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