May 29, 2002


Shipping case shifts more power to states (Warren Richey, May 29, 2002, CS Monitor)
The US Supreme Court has once again upheld state sovereignty at the expense of the authority of the national government in a key decision addressing the balance of power between the states and Washington.

This time, the high court's conservative wing has achieved this by siding with the South Carolina State Ports Authority in a dispute over whether a gambling ship should have access to the port at Charleston.

At issue was whether the operator of the gambling ship could file a federal complaint against the state ports authority to be adjudicated by the Federal Maritime Commission (FMC). [...]

In a majority decision written by Justice Clarence Thomas, the court says its decision is necessary in part to uphold the "dignity" of the states in the face of expansive federal bureaucratic power.

The majority reasoned that because the states were not subject to private lawsuits at the time of the nation's founding, the states should not now be subject to private suits filed through federal agencies.

"If the framers thought it an impermissible affront to a state's dignity to be required to answer the complaints of private parties in federal courts, we cannot imagine that they would have found it acceptable to compel a state to do exactly the same thing before the administrative tribunal of an agency, such as the FMC," Justice Thomas writes.

Here's one of the paradoxical ways in which it is the Left that now propagates racism in America. Their take on the Court requires that Justice Thomas be seen as a lightweight hack who was appointed only because of his race, while David Souter has a superior mind, one that led him to the Court's liberal wing. Yet it is Justice Thomas who writes significant opinions, enjoying the trust of his conservative colleagues, while Souter--whose chambers is known as the "Black Hole", because it takes him so long to produce anything--seldom writes an opinion that matters. Clarence Thomas will never be judged fairly because of his race and that's a shameful thing. Posted by Orrin Judd at May 29, 2002 7:09 AM
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