“Justice, justice you shall pursue,” the Bible commands (Deuteronomy 16:20); and that, in doing justice, one must not “recognize faces.”
Commentators ask why the good book repeats the word justice, since every word is thought to have significance. The most relevant is that there are two kinds of justice: substantive and procedural.
The former relates to making the punishment fit the crime; the latter requires that correct procedures be employed to determine whether a crime has been committed.
The late US Supreme Court Justice Felix Frankfurter once observed that the history of liberty is largely a history of procedural fairness. Our constitution embodies that history by requiring “the due process of law.”
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Lately, however, many so-called progressives have been willing to ignore procedural safeguards and due process in their campaign to get former President Donald Trump — to misuse the law in an effort to prevent the leading Republican candidate from running against the incumbent candidate for president. In doing so, they are violating the second principle of justice: “Do not recognize faces.” That commandment is the basis for the blindfolded statute of justice.
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