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“There, there, Judge Smith. Would you like a blankey and some turnip mush?”

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Balkin:

One hopes that, in light of these remarks, a great weight has now been lifted from Judge Smith’s shoulders. Perhaps now, having received assurances from the President of the United States that he actually possesses the powers of judicial review, Judge Smith can at last breathe a well-deserved sigh of relief. Armed with a new-found confidence, and the support of the Administration, perhaps he will now be able to put aside the distractions that have caused him such emotional turmoil in recent days. Perhaps, indeed, he may now, with equanimity, and a cheerful countenance, be able to return to the task of deciding the cases and controversies that are actually brought before him, as opposed to the remarks of politicians and media operatives that have almost nothing to do with his job.

Our prayers are with Judge Smith in his never-ending fight against anxiety and emotional upheaval. Surely there is no greater hell than that suffered by a person who cannot control his feelings of dread, and who finds himself buffeted about by a secret, gnawing fear that others do not accord him the respect and status that he craves. All of us can sympathize with the plight of Jerry Smith; all of us, in our own ways, have experienced our own dark nights of the soul. Your Honor– and we use that term advisedly–we feel your pain.

One additional note: one of the three members of this 3-judge clown show is Leslie Southwick, who Diane “Why Wasn’t I Primaried Two Cycles Ago” Fienstein inexplicably voted out of committee in 2007. I recall some commenters suggest that this was OK because Southwick was a reasonable, moderate, thinking person’s wingnut or something. I guess that’s the end of that…

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