MISRULE OF LAW

A Chronicle of Legal & Judicial Mischief

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Month: August 2014

Who Should Pick the Judges?

The people should. Winston Churchill famously remarked that democracy is the worst form of government, except for all the others. He was right. Yes, the process of elections is imperfect, and it occasionally produces bad results, but the alternative isn’t perfection—it’s something worse. Th…

The Rick Perry Indictment is Textbook Malicious Prosecution

Outsiders were stunned by the August 15 indictment of Gov. Rick Perry by a Travis County Grand Jury, but they shouldn’t have been. The common perception that Texas is solidly or uniformly “red” is mistaken. Yes, for the past 16 years, Texas voters have elected only Republicans to statewide…

Malicious Prosecution in the Lone Star State

The charges against Rick Perry are baseless. Outsiders were stunned by the August 15 indictment of Governor Rick Perry by a Travis County grand jury, but they shouldn’t have been. The common perception that Texas is uniformly red is mistaken. Yes, Texas voters have elected only Republicans to s…

California’s New Mandarins

Jerry Brown’s latest state Supreme Court nominee reinforces a bad trend. As expected, Governor Jerry Brown used the latest vacancy on the California Supreme Court to nominate a left-wing Latino. Last week, Brown named Mariano-Florentino (“Tino”) Cuéllar to replace Marvin Baxter, a conserva…