By John Sykes
...There is no longer a fixed notion of rights. The trappings of equality and angry causes are hollow. The legal doctrine on which courts make their decisions are targets in search of arrows, emotions hunting around for precedents to wrap them in. These decisions are not rational, but rather rationalizations. Their only anchor is a new role for government in protecting any group that is officially marginalized.
The old Bill of Rights extended rights irrespective of group membership. The new one wipes out universal rights and replaces them with particular privileges. Entire amendments may sink beneath the waves, but a few groups get comfortable deck chairs on the Titanic....
There is no system for keeping rights from colliding with or overrunning one another. The only governing legal mandate is preventing oppression and that means government arbitrators deciding who is screaming, "Help, help, I'm being repressed!" the loudest and with the most sincerity.
A system in which the authorities grant rights based on who can best make the case to them that their rights have been taken away is a bad idea. It's an especially bad idea in a system like ours which is rapidly sliding in a direction in which the authorities are the sole arbiters of who should have any rights at all.
If your oppressed status depends on your oppressors determining whether you are truly oppressed, then the only people who will have rights are those people whose rights the oppressors have not taken away by certifying them as oppressed.
It would be a dreadful simplification to call this lunatic state of affairs Orwellian or even Machiavellian. It makes even Kafka's worlds seem positively stodgy by comparison. It is a trial where the only people to be found not guilty are those who already been convicted. It's a system that favors the people who claim to be dispossessed by the system. It is an absurd self-negation that exists as a mathematical impossibility and a living satire.