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Justice Ginsburg and My Two Goats

The first event my one-week-old baby son ever attended was my graduation from George Mason School of Law. He will never remember the words that were spoken that day, but I surely will. The graduation speaker was Ruth Bader Ginsburg, the recently-appointed Justice of the United States Supreme Court. On that occasion, Justice Ginsburg declared (and I am paraphrasing) that her nomination to the Supreme Court signaled the final overthrow of the misogynistic grip that the Christian patriarchalism of the common law had exercised against the legal profession.

Citing the 1873 Supreme Court case of Bradwell v. Illinois, 16 Wall. 130, 139, 142, in which the Supreme Court explicitly drew from Holy Scripture to uphold an Illinois law which reinforced distinctions between men and women, Ginsburg declared dead and buried the old order in which the Constitution was taken literally and the higher law was understood to be its foundation. After all, why follow fixed law when the more informed, more highly evolved present generation can simply declare what they think should be law.

This brings me to my two goats (now deceased): Penumbra and Emanation, the two most elusive, rebellious, and law-breaking goats ever to grace the Hill Country of Southern Texas.

Strange names for goats? Not when you see goats as I see goats.

(Those of you who follow legal history may recall that it was the Griswold decision which declared for the first time a Constitutional right to privacy. The context was a law concerning contraception. Finding no concrete constitutional rule which would allow the Court to reach the conclusion they personally preferred, the justices declared a “right to privacy” found in the “penumbras and emanations” of the Constitution. Since then, “penumbras and emanations” have been the source of every anti-family act of constitutional legislation handed down by the court.)

Here is how the whole goat thing began: Some years ago, I decided that the next logical step in my personal experiment in agrarianism was the acquisition of two goats. Knowing little about goats, but fancying the idea of my glorious flock of two beasts happily bleating and following me and my children around our small, leased, country farm in the cactus-rich hills of Texas, I ordered my goats and waited with baited breathe for their arrival.

Within sixty seconds of their disembarkment from the transport vehicle, they had escaped and were running wildly throughout the countryside, terrorizing the neighbors and wrecking yards. My opinion of goats began to change.

Here is what I discovered: Goats are out-of-control maniacs that scream bloody murder when you approach them, eat everything (literally everything ) in sight, climb trees just long enough to pounce on your children, and have one and only one purpose in life — to wreak chaos, havoc, and devastation to the domestic bliss and otherwise peaceful dominion of the Christian country patriarch. In short, goats are evil.

Back to Justice Ginsburg: Last week, our second female Justice took the reasoning she shared with my fellow law school graduates to its logical conclusion. At a meeting of the American Constitution Society, she shamelessly declared that the Supreme Court would no longer be bound to the Constitution, but would look to international law as a basis for legal decision making.

“Our island or lone ranger mentality is beginning to change,” Ginsburg proclaimed. Justices “are becoming more open to comparative and international law perspectives.”

These comments parallel similar statements made by Justices Kennedy and O’Connor. They are revolutionary in every sense. Most importantly, they prove that what began with “penumbras and emanations,” has turned into an unabashed, public rejection of the Constitution as the source of our laws. The fact that such statements are not headline news in every paper indicates that these radical revolutionaries of injustice know they can get away with jurisprudential murder and no one will hold them accountable.

Today I argue for accountability.

Goats can’t be impeached, but Supreme Court Justices can. (The solution for goats involves the barbeque grill and some Tobasco.) The Constitution provides the means to remove them and allows them to remain in their position during good behavior. Like my rebellious goats, Penumbra and Emanation, Justice Ginsburg has refused to serve with “good behavior.” She has rejected her oath of office and should be impeached.