2022-12-22

Well it was fun while it lasted

Equal rights are no longer the order of the day in Washington State:

Under these conditions, why even hold a hearing? The Supreme Court even said that the trial judge, Melinda Young, is disqualified to preside over it. That’s because, according to the justices, “She agreed with Thompson’s counsel that it was fair to describe Henderson’s demeanor during cross-examination as ‘combative’ and ‘confrontational,’ opining that this language should be excused because the term was ‘race neutral’ and tied to the evidence.”

If you call a black witness combative — even if she was a terror on the stand — that’s not race neutral. It’s racist.

So in any Washington State Court, if you are in litigation against a black and he gets a verdict he doesn’t like, all he has to do is claim there was implicit, institutional, or unconscious bias against him. You can’t prove there wasn’t, so you have to keep giving the opposing party — and this no doubt also applies to Hispanics or transexuals or American Indians or homosexuals or fat people or immigrants — new trials until he, she, or it gets a favorable verdict.

You can say that a white witness or lawyer is confrontational. Lawyers do it all the time. You can say that a white plaintiff is greedy or faking it or got his friends to lie for him. But if you say that about someone in a protected class, he can yell that you evoked unconscious bias in the jury, and you have to prove you didn’t. Why even go to trial? Just give a non-white plaintiff whatever he asks for.

These supreme court justices are as crazed as any sociology professor — with the crucial difference that they can legislate from the bench.