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January 18, 2012

Amerika: EPA Contends That Punishment Without Trial Or Even Legal Review Is Just Like Mom, Baseball, and Apple Pie

Why no, no neutral fact-finder gets to rule on this.

Why of course, unelected, unimpeachable bureaucrats get to act as judge, jury, and executioner.

Why no, there is no appeal.

Why yes, I do think this is perfectly in keeping with the conception of American liberty.

Video below of Alito asking, basically, do you think any citizen who had not been yet subject to the EPA's hearing free, evidence free, appeal free imposition of penalties would think that this could possibly happen in America?

Which seems to be the main point. There used to be a doctrine, since abandoned as too loosey-goosey and subjective, that if a process "shocked the conscience" it was was unconstitutional.

I'm not calling for a return to that rudderless standard. I'm just saying, when a "legal" process is so one-sided and renders the victim powerless to even challenge it in court, most people would say, "Sure, happens all the time in Russia."

They would not imagine this was Standard Operating Procedure in the United States' EPA.


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posted by Ace at 02:29 PM

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