The recent additions of Justices Jonathan Roberts and Samuel Alito have admittedly changed the balance of power in the Supreme Court. It was inevitable that the Court would take a conservative turn. Equally inevitable was the media's hysterical reaction.
A narrow decision on partial birth abortion was described as reversing the precedent of Roe vs. Wade. A school zoning decision was touted by irresponsible commentators as having overturned Brown v. Board of Education. These decisions, and others, have led to personal attacks upon Roberts and Alito, as well as public pleas from legal analysts to the Court's new swing vote Justice Kennedy to "moderate" his position.
The one-sided coverage was apparently too much for ABC correspondent Jan Crawford Greenburg, who blasted the media in her July 20 article "The Sky's Still up There." Crawford Greenburg, who is an attorney and author of a book about the Supreme Court, apparently wasn't willing to compromise her credentials and chose to expose media bias, rather than join in it.
In a scathing critique, Crawford Greenburg mocked an article by Harvard Law educated professor Joseph Thai in the Charlotte Observer, as well as a New York Times column by Adam Cohen.
Crawford Greenburg wrote about Thai:
Now lots of people read the Charlotte Observer, and many think that law professors have some kind of special insight into what the Court does. They might actually take Thai at his word—even though his words mischaracterize what the Court did and distort the debate over where it is headed.
Thai flatly declares that “in one questionable decision after another,” the Court this term “made it dramatically more difficult, if not impossible, for ordinary Americans to have their day in court.”
Difficult, if not impossible, for ordinary Americans to have their day in court? With apologies to Justice Scalia, this assertion cannot be taken seriously.
And maybe I wouldn’t if Thai were the only one talking in a tabloid-style, Jerry Springer-esque tone.
Crawford Greenburg further ridiculed Thai's article:
But here’s the money quote from Thai. Under the new Roberts Court, “if the spirit moved him, Bush may build an evangelical church tomorrow with taxpayer dollars, and no court could check him.”
There's one word for that: preposterous.
As to Cohen, Crawford Greenburg continues:
Both Thai and Cohen write about how the court put limits on punitive damages in the Philip Morris case—and both conveniently fail to mention how the justices voted.
Here’s Cohen: “The justices invoked the due process clause in a novel way to overturn a jury’s award of $79.5 million in punitive damages against Philip Morris, which for decades misrepresented the harm of smoking. It is hard to imagine that Chief Justice Roberts and Justice Alito, who were in the majority, would have supported this sort of ‘judge-made law’ as readily if the beneficiary were not a corporation.”
Hmmm…well what about Justice Breyer, who wrote the decision? Or Justice Souter, who also joined it?
Crawford Greenburg summarizes her position as follows: "...some of the liberal commentary on the Court since the justices packed up and left town has been almost breathtaking in its over-the-top hysteria. That does no one any favors: not liberals or conservatives—and certainly not the Court itself."
In her final zinger, Crawford Greenburg nailed the liberal exaggerators as "Chicken Littles with their hair on fire."
Having already establshed herself as an serious commentator and author, Crawford Greenburg has wisely decided to distance herself from the media's biased reporting.
—Jason Aslinger is a private practice attorney in Greenville, Ohio.
















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Comments Policy
Few Court watchers are as
July 21, 2007 - 13:20 ET by SMGalbraithFew Court watchers are as predictably silly as Adam Cohen - not to mention Andrew Cohen(http://www.cbsnews.com/sections/opinion/courtwatch/main15515.shtml) the legal analyst for CBS News - who both regularly cry that the independent judicial sky is crashing to the ground whenever Republicans or conservatives criticize a Court ruling. Yet when they or other liberals condemn a ruling that they dislike, apparently the judiciary's independence is nowhere threatened.
On the Cohen farm (if you will), some court criticism is apparently more equal than others. Funny how things like that work out.
The chain reaction of truth
July 21, 2007 - 12:51 ET by KC MulvilleI thought Greenburg did a nice job. So, I clicked on some of her other articles. I especially like her interview with John Roberts. She asked him questions, and she supplied context when the comments needed it. She didn't attack him out of a misguided need to draw attention to herself.
That's when I realized that I was doing exactly what consumers do. If you give us something reasonable and interesting, we'll come back for more. That's how this is supposed to work.
KC
July 21, 2007 - 13:00 ET by botgKC
Have you ever been here? (It's linked to an article i liked)
"The more I study science, the more I believe in God." Einstein
Not before, but will again
July 21, 2007 - 15:19 ET by KC MulvilleI've never stopped on that site. but based on what you linked, it's worth keeping. The discussion is interesting. You have a couple merely political reactions, but you also have some reasoned, logical analysis. Thanks for the link.
“if the spirit moved
July 21, 2007 - 13:05 ET by Jack BauerSeriously, the President can initiate and order taxpayers money to be spent and it is? Rather than requesting congress?
Wow. So why is he wasting his time over the military funding battle with a Democrat run Congress? Surely he can just allocate taxpayers money on his own whim.
Clearly I have always been mistaken in thinking Article One, Section 7. states: All bills for raising revenue shall originate in the House of Representatives; and Section 8. states: The Congress shall have power to lay and collect taxes.
You live and learn.
Excellent Supportive Data
July 21, 2007 - 13:37 ET by stratmanAre you an American living in London or a British citizen?
Either way, you have a better grasp of American Constitutional procedure than most Americans.
Bravo.
Just curious. Do they not teach these things in school anymore?
strat -- I studied the US
July 21, 2007 - 13:59 ET by Jack Bauerstrat -- I studied the US constitution as part of my politics degree. I think that began my great interest in one of the most beautiful, elegant and revolutionary docunents devised by man.
And I have an keen interest in contemporary in US politics.
But you've also covered the bases as I am indeed currently a Brit whose most fervent wish is to become a US citizen at some point in the future. Legal immigrant, of course.
And yes, I do find the lack of even the most basic constitutional knowledge a bit unsettling. It's not like it's that hard to read the US constitution on line.
So how that dope made such an asinine statement is beyond me. How can he possibly believe that. To be effective, rheotoric has to have some basis in reality.
Constitutional Democracies
July 21, 2007 - 17:59 ET by stratmanNo matter where you reside, no matter which country of citizenship your passport is issued, you deserve recognition for your knowledge and cogent application of the United States Constitution. You are in the top 5-10% of US citizens concerning knowledge of the Constitution. And that probably is a liberal estimate at best. I would have to had looked up the Constitution to know which Sections dealt with those issues.
I think a big tip of the hat should go to the British for the Magna Carta as the foundation of constitutional democracies. Thank you for that.
I wish you the best if your desire is to (legally) immigrate to the USA and obtain citizenship. Maybe the NewsBuster's gang can collectively act as a reference for you.
stratman
July 21, 2007 - 18:07 ET by DontFeedTheTrollsI recommend this colorful book be added to every American's collection. I really enjoy my copy. Great for youngsters too.
D
I don't support our liberals or their mission.
DF... Wonderful
July 21, 2007 - 18:22 ET by bigtimerDF...
Wonderful recommendation.
Great for all ages eh?
hey stratman, thanks
July 22, 2007 - 08:57 ET by Jack Bauerhey stratman, thanks buddy.
Yes, the Magna Carta was in itself a most revolutionary concept and document in codifying some of the early legal rights of the common man viz a previoulsy all-powerful divine King.
The foundation of English common law, and as night follows day, the foundation of American law.
And a happy habeus corpus to you too!
Signed in Runnymede, 1215, followed by tea and crumpets at 12.16!
Basic constitutional knowledge
July 21, 2007 - 21:44 ET by nkviking75No disrespect to your degree, but any student in middle school or above should at least be aware that it's Congress' role to allocate money and ought to be able to look up the appropriate reference. That they can't is yet another indictment of our public school system. It also explains why so many are fooled by liberalism
When you put the clowns in charge, don't be surprised when a circus breaks out.
I have found this site to
July 21, 2007 - 21:50 ET by botgI have found this site to be a good resource and this one also
"The more I study science, the more I believe in God." Einstein
viking -- my point exactly.
July 22, 2007 - 08:36 ET by Jack Bauerviking -- my point exactly. Okay -- I studied the US as part of a wide-ranging politics degree.
But this is pretty basic stuff that I would have thought every American child would have a grasp of ... this guy is supposed to be educated.
... no, he couldn't.
July 21, 2007 - 22:04 ET by dahliatravers... no, he couldn't. Wow. You're right, Jack, that was a really dumb assertion.
Fan the flames, get out the torches, the monster is in there!!
July 21, 2007 - 13:16 ET by DontFeedTheTrollsCohen and Thai are just doing what the left always does, fanning the flames to rile up the great unwashed (and uninformed).
Sheesh.
D
I don't support our liberals or their mission.
The recent additions of
July 21, 2007 - 16:42 ET by motherbeltThe recent additions of Justices Jonathan Roberts and Samuel Alito
Excuse me, Jason, but Roberts' name is John, not Jonathan. Not a big thing, perhaps, but when a blogger gets something as forthright as the name wrong, it can cast doubt on other facts contained in the piece.
OK..Let me get this stright...
July 21, 2007 - 21:51 ET by c5thenA Harvard Law professor is shown, by his own writtings, to have absolutely no working knowledge of the US Constitution, and still has a job as a law professor? Would a Physicist still be employed at a prestigious University having shown by his own writtings that he had no working knowledge of gravity? Would a Biologist still be employed, having proved almost complete ignorance of the basics of genetics?
I guess that Harvard is now a liberal indoctrination center, rather than a hollowed hall of learning. Apparently liberal viewpoints are more important than understanding of the basic foundations of your field.
The day that "politician" became a career choice is the day we started losing the Republic
The gentleman
July 21, 2007 - 22:15 ET by dahliatraversThe gentleman apparently received his degree from Harvard but presently teaches at the Univ of Oklahoma.
He teaches "Supreme Court decision making" and "the First Amendment". There must be some mistake. No one who teaches these subjects could have made such a statement.
http://www.law.ou.edu/faculty/thai.shtml