James M. Redwine

Supreme Court

Whose Ox?

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Photo by Peg Redwine

What is wrong with the American political system? Why are people so upset? Are we living in the End Times, the dreaded Eschaton? Why is Kanye West (Ye) such a pariah to many and a voice crying in the wilderness to some? Will Donald Trump save America or destroy it? How about Joe Biden? Was that referee blind when he called pass interference against my team or maybe he had a bet on the game? Really, can someone explain to me how anyone can see any possible redeeming value in talking to Putin? We probably ought to just go ahead and push our button before he does his. And, what is it about lawyers? If I hear one more attorney say to me, “On the other hand,” I am going to throttle him. There is only one side to an issue, the right side. I do not need someone telling me to consider someone else’s views in politics, religion, the Supreme Court or my in-laws. In other words, there is nothing wrong with America, or the war in Ukraine, that could not be fixed if they would put me in charge.

These thoughts woke me up at 4:00 a.m. Georgia Time this morning after Peg and I had had a discussion with two of our Georgian (the country) friends yesterday afternoon. I had casually raised the thought that much as America reacted to the Cuban Missile Crisis, perhaps Putin was concerned about the United States and other NATO countries having military installations near Russia’s borders. Of course, we know we would not launch any nukes into Russia, but does Putin? Perhaps we should apply a lawyerly analysis and try to see the situation from all points of view. Well, I tell you, Gentle Reader, that was not a popular approach with my Georgian friends whose country has already been seriously encroached upon by Russia. In the Russia vs. Ukraine War, most Georgians and most Americans see only one side with one point of view. Russia fired before talking, so Ukraine and its allies should do the same. After all, Georgia or Moldova, or Poland may be next. If history is the guide, as it often is, then trusting Putin to be reasonable is not reasonable.

Peg and I like our Georgian friends who have been gracious and welcoming. Georgia is a beautiful country and our apartment right on the Black Sea would not show well ringed with Russian war ships. We do side with Ukraine as I also made several Ukrainian friends when I taught Ukrainian judges for a couple of weeks over Christmas time in 1999-2000.

Russia is in the wrong and Ukraine is in the right. That may start the analysis, but it should not end it. A nuclear war is not in Ukraine’s best interest nor in Georgia’s. And it most certainly is not in America’s. So, as I cautiously kept the remainder of my lawyerly, Jesus-type of mote and log reasoning about Putin to myself, I thought about all those times our friends and family wondered what was wrong with us when we gently said, “On the other hand.”

Some News Fit To Print

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Adolf Ochs (1858-1935) pinned the motto of the New York Times newspaper: “All the News Fit to Print” in 1897. It remains on the paper’s front page today. Mottoes sometimes are more hope than substance.

In 1965, as the Viet Nam War was gearing up and 18 year old men could be drafted but could not vote, Barry McGuire (born 1935) sang ♫The Eve of Destruction♫. The lyrics included the following phrases:

“The eastern world, it is expoldin’
Violence flarin’, bullets loadin’
You’re old enough to kill but not for votin’
You don’t believe in war, but what’s that gun you’re totin’?
….
The poundin’ of the drums, the pride and disgrace
You can bury your dead but don’t leave a trace
Hate your next door neighbor, but don’t forget to say grace.”

About twenty years later in 1983 Anne Murray (born June 20, 1945) sang the song ♫A Little Good News Today♫ that included:

“I rolled out this morning
Kids had the morning news show on
…
Some senator was squawkin’ ‘bout the bad economy
It’s gonna get worse you see, we need a change in policy
…
Just once how I’d like to see the headline say
‘Not much to print today, can’t find nothing bad to say’
…
We sure could use a little good news today.”

So, Gentle Reader, I submit the following retreat from the edge of doom and a little good news for your April First consideration.

It was announced today that Sean Hannity has been hired to replace Wolf Blitzer at CNN and Joe Scarborough will be joining FOX News.

At his debut on CNN Sean Hannity reported that Hillary Clinton and Donald Trump had met with Mitch McConnell and Nancy Pelosi at Camp David where they decided to apply the national defense budget to universal health care and free college tuition for all.

The budgets for the CIA and FBI will be redirected to environmental concerns and repair of the nation’s infrastructure. McConnell was assured by Chuck Schumer there would be unanimous support for these proposals in the Senate. And in the House, Minority Leader Kevin McCarthy heaped praise on both Pelosi and Clinton as he pledged his ardent support for both.

At a conference of media anchors held just outside the gates of Camp David it was announced by Washington Post’s editor Martin Baron that the national print and electronic media were impressed with the honesty, integrity and goodwill of the Executive and Legislative branches. Baron even mentioned the anticipated wisdom of the Supreme Court that is expected to refuse to grant any delays in the implementation of the stated goals of fair and equal treatment for all Americans.

Well, Gentle Reader, that’s about all the Good News I can report. It appears the country is just brimming with good works and goodwill.

Oh To Be An Egyptian Judge

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Some of you may have noticed I have been a judge for awhile. And, although I know it may surprise you, not everyone of my thousands of decisions has been met with universal acclaim. Occasionally someone may actually disagree with my fair and objective legal analysis and have the bad form to say so. Well, my friends, not if we were in Egypt.

According to a report in the Palm Beach, Florida Sun Sentinel of Sunday, December 31, 2017 a court in Cairo convicted 19 people of making public statements, “[t]he court found to be inciting and expressing contempt toward the court and the judiciary”. If you are wondering why I was reading the Palm Beach paper in sweltering 80 degree weather while some of you may have been enjoying a cool and exhilarating Indiana Christmas season there is no truth to the rumor it was because Peg and I felt compelled to be near President Trump’s Mar-A-Lago winter White House. We did not even receive an invitation to his $750 per person New Year’s Eve party. It may have been lost due to the holiday rush at the post office. Anyway, back to Egypt and the injured dignity of the judiciary.

The newspaper reported that the heinous criminals insulted the judges by making statements that were aired on TV, radio, social media or in other disfavored publications. Now the court did not deign to ignore these demeaning comments or to call for the miscreants to tug vigorously on their forelocks. Oh no. The defendants received 3 years in prison and were fined up to one million Egyptian pounds ($56,270 US).

Each defendant was also ordered to pay one million Egyptian pounds to each of the judges of the powerful union known as The Judges Club. Now I would never advocate for such a response against anyone who had the temerity to publicly disagree with my rulings. However, a few hours in the stocks on the courthouse campus might be considered or parading around the courthouse wearing sackcloth and ashes or maybe a few public recitations of “Judge Redwine is Solomon” or, well, you get the idea.

Actually, it is events such as those in Egypt that truly show what a blessing it is to be in a country where CNN, MSNBC, The NY Times, The Washington Post, FOX News, Breitbart and many other publications can spew their invective against anyone from the Supreme Court to even a court in Posey County, Indiana without fear of being jailed.

Instead of just worrying about the current protestors in our enemy Iran perhaps we should address the draconian pronouncements of offended judges in countries such as our friends in Egypt and elsewhere. The injured sensibilities of some pompous plutocrat may lead to far greater harm to the public than their unfair judgments that get publicly condemned.

Not a Problem

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I recently received a respectfully worded request for excusal from jury duty. I granted it. The potential juror claimed a religious exemption. I am not a theologian although one of my nephews just received his doctorate in Theology from Oklahoma Baptist University. He makes no claim for religious exemption from jury service. I say to each his own.

Should a person assert sincerely held beliefs that her or his god, faith, philosophy or belief prohibits jury service, so be it. Such positions, if rooted in the First Amendment, are fine with me. Religion should not be involved in our legal system. That’s what James Madison, Thomas Jefferson and the rest of the revolutionaries meant to protect.

Those of you who are called for jury service and just find it inconvenient but not in violation of any religious test may think it is unfair to excuse persons who enjoy all the benefits provided by America but refuse to participate in a core responsibility of citizenship. You might feel the same about conscientious objectors to military service or those who refuse medical treatment for their children on religious grounds.

I see such decisions much as I do allowing protestors to demonstrate in support of or against things the majority may oppose or favor. If the Constitution does not protect those with whom most citizens disagree, why have a Constitution? Those whose beliefs fall within the parameters of generally accepted beliefs need not be concerned with their free exercise.

The gracious acceptance of those views most of us adhere to calls for little praise. However, America shines like the beacon most of us want Her to be when She protects those who need protection from the rest of us.

As to the potential juror, I say, and by the way so does the Supreme Court, if you are sincere in your minority belief, the majority will respect your right not only to believe it but also to exercise it.

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