This ain’t your father’s system of justice anymore. And not just the federal judiciary, either. If you thought bleeding heart liberalism was trendy only in the faculty lounges or the social activist circles, or even just some rogue governmental/political entites like the San Francisco City Council or the Democrat Party, you are sadly behind the times.
And if you thought the Progressive, pseudo Do- Gooder cabal was only ensconced in what the pundits tell you are the blue states, or the leftist Coasts….wrong again! It is right here in Hometown USA . And it is not just in the Progressive Caucus of your local legislature, either. It is in your State Supreme Court.
Chief Justice Randall Shepard, of the Indiana Supremes, is retiring. In his fond remembrances and touting the many good things he has done for Indiana Justice (besides chairing the Kernan- Shepard Commission, which fronted for the Indiana University push to take local government control away from the yokels, which claim to fame Shepard skipped lightly over in his speech because it is so far being soundly rejected by the people) one of the things he is most proud of is allowing people to rewrite their mortgages.
He also said the courts were delivering direct economic assistance to people by using revamped practices designed to make it easier for homeowners to rewrite their mortgages and avoid foreclosure. He said the new practices, which have been deployed in 20 counties that account for 2/3 of the state’s foreclosures, increased the chance of a homeowner keeping his or her home by six times.
The. Courts. In. Indiana. Are. Delivering. Direct. Economic. Assistance. To. People. Stand up and cheer! Surely Shepard will get a Nobel Prize or something.
It is jaw-droppingly astounding for a pracitioner in the legal system of a state government to admit that his court system has instituted practices designed to effect a social outcome. Not only to a-ffect it, but to e-ffect it. The man is going beyond claiming that his court made good decisions, or just decisions, he is saying that he rigged the system to increase the statistical probability of a certain outcome by six times.
And we joke about the 9th “Circus” Court of Appeals! Folks, we got trouble. Right here in River City. The blindfold has completely fallen off and justice is keeping a sharp eye out for causes to “effect”. Barack H. Obama is famously quoted these days as saying that if the Congress won’t act, he’s got a duty to step in. Apparently Randall T. Shepard shares that philosophy. And not only has the blindfold fallen off the eyes of justice, the entire system of checks and balances and separation of powers has also apparently gone by the wayside. Note to self: Check to see if oath of office for Supreme Court Chief Justice includes “Solemnly swear to design system to make it easier for people to renege on contracts….”
You know, this concept of being able to rewrite the terms of one’s own mortgage is a little alien to some of us traditionalists. We have never been afforded the luxury of being able to write our own ticket on anything. If this guaranteed-outcome deal of Randall Shepard’s catches on, where people are allowed to rewrite the terms of their mortgage to avoid foreclosure, we wonder if it would also be possible where a system could be designed to allow people to rewrite the terms of their tax obligations, making it six times more likely they could avoid going to jail when they tell the government the checks not in the mail? Oh…wait….we already have that. Those people are called the “47%ers”. In fact, not only do they not send a check to the government, they demand that the government send them a check. Of course, those are the same people who can now …..rewrite the terms of their mortgages . Is this a great country or what?