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If voters symbolically behead the California Supreme Court by ousting Rose, Bird next month, they will be acting as the populace did during the French revolution, showing their dissatisfaction with a judicial aristocracy that is isolated from the people and their concerns about the real world.

The symbol of American justice is blind; thus, to know what is happening, Justice must rely on verbal descriptions by lawyers. Hence, the principal sport of the legal ruling class is misleading Justice with a game of deception. Their gameboard is not the real world, but the never-never land of legal fiction. Playing pieces of the game are words which are manipulated by semantic warriors (lawyers) to achieve superior position. In the game, the words are construed in so many ways they become totally meaningless; they become detached from any particular concepts or representations of reality.

Supreme Court justices attribute official meanings to words rendered meaningless during the legal game. Thus, the game of law is like a coin-toss with a faceless coin, wherein Supreme Court justices augur whether the blank face showing is heads or tails. Of course, the process of auguring provides wide latitude for the abuse of discretion. Thus, Rose Bird represents judicial abuse of power because her auguries epitomize the idiosyncratic interpretation of words to achieve personal political aims. One illustration of Bird's abuse of power is her interpretation of the phrase due process. Though everyone agrees that the American system of justice is founded on due process, everyone does not agree on what due process means. According to some justices, citizens are entitled to substantial due process; according to others, they can expect only procedural due process. Rose Bird has now augured a third meaning-interminable due process. Interminable due process is an infinite series of appeals based on word-augury that achieves special political goals-thwarting capital punishment, for example.

Bird justifies interminable due process as an assurance that the procedures in capital cases are followed scrupulously, and that major legal errors don't lead to the execution of an innocent person. While such tidiness is laudable as an ideal, Bird's premise is a sobering indictment of the justice system in reality: It states that the routine administration of justice is unscrupulous and marked by major errors. If that premise is correct, the legal system has burdened the peopl with problems far more extensive than capital punishment.