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August 01, 2007
Anticipating an epiphany (on behalf of "ordinary people")
Today's Philadelphia Inquirer features a front-page story headlined "Seizure casts chief in new light" by the New York Times' Linda Greenhouse. What I cannot figure out is why the story appears nowhere on the Inky's web site. Perhaps there are copyright reasons? Anyway, I found the same text at the New York Times, with a different headline -- "Uncertainty Now in a Golden Youth's Trajectory." The idea is that because he had a seizure, not only has Chief Justice Roberts "lost" his "privacy" (a thing I didn't know he had), but that there might be a chance that he'll become, you know, more human. No matter what his doctors eventually tell John G. Roberts Jr., or the world, about the diagnosis and outlook for his seizure disorder, it is clear that something changed irrevocably following the 52-year-old chief justice's momentary loss of consciousness on a vacation island dock on Monday afternoon.Privacy? Aura of invincibility? I'd say whatever privacy or invincibility he might have had was lost when activists tried to impute that he was gay because he once wore plaid pants. As for privacy, isn't having your four year old child accused of being gay a bit more of a loss than a visit to the hospital following a fall on a dock? But Greenhouse doesn't stop there. She invokes medico-historical expertise in the hope that Roberts' fearful "condition" will somehow prove to be an epiphany -- from which he will awaken, suddenly in touch with ordinary mortals. Apparently, an important characteristic of ordinary, lesser beings is that unlike Roberts, we don't file our appeals on time. In October, when he returns to his seat at the center of the Supreme Court bench, will colleagues and courtroom spectators see the same golden youth whose trajectory was unmarked by setback or sorrow? Or will they see someone suddenly vulnerable, with a medical condition that, while treatable and shared by millions, can still inspire fear?What can Linda Greenhouse possibly be referring to? If you read the rest of the article, there's no specific reference to any filing deadline, so.... Might there be a hidden subtext? Something the "ordinary people" aren't aware of? I'm just wondering, because Linda Greenhouse is not an ordinary reporter. He's a Pulitzer Prize winning reporter who has been covering the Supreme Court since 1978. She's known for her leftist political views, and is considered so powerful that "rightists" like Laurence Silberman have complained about the "Greenhouse effect": Some critics on the political right, notably retired Appeals Court Judge Laurence H. Silberman have complained of what they call the "Greenhouse Effect." They believe that some federal judges have changed their opinions to win favorable coverage, either in the New York Times or in the legal press in general, which they view as being part of the "Liberal Establishment." This criticism seems directed less at Greenhouse personally than at a general assumption of a liberal media bias. (See [4] for more).Without getting into her views in detail, I think it's fair to assume that when someone like Linda Greenhouse refers to "ordinary people who fail to file their appeals on time" she's talking about something specific. And indeed she is. If you go to the NOW website, right at the top there's a link to their analysis of the Supreme Court case of Ledbetter v. Goodyear Tire & Rubber Co.. The leading headline is "Adding Insult to Injury: Let Goodyear Know What You Think," and to say that NOW is pissed would be an understatement: Adding Insult to InjuryThere's also a link to a story about the Ledbetter Fair Pay Act, and a lot of discussion about how the evil Roberts court cut off the rights of Lilly Ledbetter. It's a huge case in feminist, and various leftist, circles, and there's a WaPo article on Ms. Ledbetter here. My point being that it's quite obvious that when Linda Greenhouse used the phrase "ordinary people who fail to file their appeals on time," she's making a clear reference to Lilly Ledbetter case. If it's so clear, then why write a blog post? Why go to all this trouble to prove my point? Because I don't think it was made at all clear to readers, that's why. If the readers are "ordinary people," then why not tell them about the pressing case said to involve the cutting off of their rights? I suspect that the reference to "ordinary people who fail to file their appeals on time" is meant as inside code language -- aimed not at ordinary people at all, but at the elite few who know about Ledbetter and its repercussions. How many readers of the Philadelphia Inquirer read the phrase and caught the subtext? Isn't there a principle somewhere that journalists ought to let their readers in on what it is they're referencing? The whole thing strikes me as condescending -- especially considering that "ordinary people" are under discussion. Of course, if "ordinary people" is being used as code language for NOW activists, that might explain why Ms. Greenhouse is uncomfortable explaining the Ledbetter reference. But what a pity it was to have missed such a great opportunity. Seriously, if ever there was a time and place to educate the ordinary masses about why their daily concerns should include remembering important appellate filing deadlines, this was it! UPDATE: Those who imagine that epilepsy might induce a leftist epiphany of the sort prayed for by Linda Greenhouse might want to read this post by Ace. (Via Jim Lindgren.) UPDATE: Ann Althouse likens Greenhouse's epilepsy epiphany to "a script for a movie starring Tom Hanks or Steve Martin." Hmmm.... I guess such stuff does happen in the movies. posted by Eric on 08.01.07 at 08:25 AM |
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Not being a lawyer I am guessing here, but isnt the deadline part of the statute? And if so, this is something passed by the legislature? If the court ignored the "technical" violation, are they not changing the law, something they have no authority to do? In other words, if they mean to uphold their oath, they really had no choice. What does Roberts having a seizure have to do with that?