In this week’s “G-File” “news”letter, Jonah Goldberg harks back to a scene from one of his favourite movies:
One of my favorite scenes of any comedy — and it’s very un-PC — is in Tropic Thunder when Robert Downey Jr. (in blackface!) explains to Ben Stiller that you “never go full retard.” The conversation is about film roles. Well, if you haven’t seen it, watch:
Now, I don’t like the term “retard” — and I really don’t like it in political debates. We aim for something loftier here.
Still, the scene came to mind because there should be a similar rule in legal circles: “Never Go Full Ninth Circuit.” Personally, I think it sounds better in Latin: Nolite umquam ire plenus nona circuit (and if any of you Latin pedants send me an e-mail correcting my translation, I will come to your house and scatter your Dungeons and Dragons figurines off the kitchen table).
The other day I noted on Special Report that Antonin Scalia had a rubber stamp on his desk with one of his favorite phrases: “Stupid but Constitutional.” I hope that one day, a Supreme Court justice will have a stamp on his desk that says, Numquam Plenus Nona Circuit.
Anyway, I understand that the case against the Ninth Circuit can be exaggerated. Yes, the West Coast’s federal appellate court has the highest rate of cases that have been overturned by the Supreme Court, but the vast majority of its cases don’t get appealed to the Supreme Court. Hence the qualifier “Full Ninth Circuit.” Going Full Ninth Circuit is when you claim that that the Pledge of Allegiance is unconstitutional. That’s a Simple Jack move, not a Rain Man or even a Forrest Gump move.