Letters to the editor Aug. 12

Black robe dictators 

It is really about power and control. The political and obviously partisan rant of former Supreme Court Justice James Nelson (The Legislature tried, and failed, to define sex, July 20) was not really about the definition of sex as much as about preserving the political power of Montana’s Supreme Court to continue to be our black robe dictators by arbitrarily interpreting subjective terms contained in our state Constitution. 

Our state Constitution has at least three very subjective terms which should never have been included therein. First, under the privacy section, the words “unless there is a compelling public need.” Second, a guarantee of a “healthful” environment. And third, the discrimination clause.    

For an example of that subjective power, one judge negated the will of most of Montana’s citizens relative to abortion by saying there was no compelling public need regarding the decision to terminate the life of a baby. One person has the right to make that decision? For all of us? That is a dictator. 

Similarly, one judge took it on himself alone to approve of the destruction of our coal, gas and oil industries because of his, and solely his, personal interpretation of the word “healthful.” Without even a blink, he relegated ordinary citizens to peon status. 

Further, Nelson, when talking about discrimination relative to the term sex, conveniently left out that religious and political groups are afforded that same protection. The galling aspect is that by choosing to support deviate sexual behavior, judges are differentiating between and choosing to support one group to the detriment of the others, or, in other words, discriminating against those groups. It takes a lot of arrogance to usurp these types of tyrannical powers. 

Finally, even more concerning is that our Supreme Court justices are hand-picked and lavishly funded by the extremely liberal Trial Lawyers Association, the very same lawyers who argue cases in front of those they chose and so charitably support.  Many, including myself, consider that type of behavior, corruption or darn close to it. 

The citizens of our state should be the ones who make the decisions relative to subjective terms and compromises necessary to the functioning of our state through their elected representatives. Dictators can come from anywhere and impose their will on everyone, even if dressed in black robes.

— Mark Agather, Kalispell