Breaking News: US Government Is Above The Law

Today's ruling by the Supreme Court sending the case against Vice President Cheney's secret energy task force back to the lower courts until after the election is the lastest example of how widespread the culture of secrecy is in Washington. Much like the recent "under God" in the Pledge of Allegiance decision, The Court again sidestepped actually making a potentially embarrassing ruling, instead sending the case back on procedural grounds.

The administration used a very rare procedural motion to appeal the usual process of exchanging documents - called discovery - before a trial begins. A federal district court had ordered Cheney to turn over records, but the vice president refused. When an appeals court agreed with the lower court, Cheney asked the Supreme Court to get involved.

The justices on Thursday overruled the appeals court, saying it must consider the administration's concerns more carefully. Writing for the majority, Justice Anthony Kennedy said that while the president wasn't above the law, "the judiciary must afford presidential confidentiality the greatest possible protection."

"Special considerations control when the executive branch's interests in maintaining the autonomy of its office and safeguarding the confidentiality of its communications are implicated," Kennedy wrote.

In other words, Presidents and Vice Presidents aren't subject to, you know, laws. I wonder what Republicans would've thought of this ruling if it was used to suppress Whitewater information.

By the way, this was the case from which Justice Antonin "DuckBuddy" Scalia refused to recuse himself, despite being personal friends with the defendant. In case you're fainting from the anticipation, yes, Scalia sided with Cheney. Scalia was a Reagan appointee, by the way, add that to his legacy.

This is the part of the case that kills me:

Even if the appeals court were to hear the case again this summer and reach a decision, either side could appeal that ruling back to the Supreme Court, which wouldn't be able to reconsider the case before November.

So a case about government secrecy was sent back to a lower court on a procedural ruling, and will therefore be kept secret until after the Presidential election. Ya gotta admit, these bastards are sharp as tacks.