The Chief has gotten some comment on the JAIL amendment, although I have not posted on it lately, and some thoughts seem to have crystallized since the last time I did comment on it.

I have to admit reservations on the issue at this point, after an initial positive reaction to it. I still haven’t seen any logical explanation of how the specific language of the proposal goes beyond the stated goals of setting up some judicial review outside the good old boy world of the legal community, but…on the other hand, some of the apparent background of the originators of the measure does NOT make me feel all warm and fuzzy towards their program.

Finally, the thought of someone like the Dakota Rural Action or American Communist Civil Lawyers Liberties Union going after judges that they disagree with is indeed the stuff of nightmares.

In the final analysis, the JAIL proposal is too heavily on the side of the creation of a mobocracy, as opposed to the sometimes (fortunately) coagulated processes of a republican system.

These thoughts have been percolating for a while on the back burner of my brain, and were finally crystallized by a comment from No One.