SCOTUS and The Birds of Paradise


SCOTUS and The Birds of Paradise

By Franklin D. López
Journalist,Writer, Entrepreneur & Political Prisoner
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The archipelago is called the Enchanted Island. Yes, in singular! Even though the archipelago is composed by 143 islands, cays, islets, and atolls. It has been said that because of its location on the planet the archipelago is affected more by the Gamma rays. Because of its high frequency and high energy photons the Gamma rays promote an eco system of what Colombian super writer Gabriel García Marquez called “magic realism” or Macondo.

As a direct result of this “magic realism” and with the help of the great Metropolis, the United States, a variety of “birds of paradise” emerged and evolved as guardians of the “new” free associated state or commonwealth of Puerto Rico. A great name to cover up the colonial and segregationist status of 3.6 millions American citizens living in the archipelago. There is a hierarchy among these birds of paradise. Their main leader is the Toucan of Ponce or the three time colonial ruler Rafael Hernandez Colón. There are other varieties of minor birds of paradise that follow his lead in defending colonial rule. They are former University of Puerto Rico Antonio “Tony” García Padilla, Attorney Pedro Ortiz-Alvarez, Mari Carmen Aponte, former governor Anibal Acevedo Vilá, and other colorful varieties. But all committed to defend the exotic fruits that the colonial system provide them with the help of the birds keeper from Washington.

The Great Toucan of Ponce, since leaving the territorial governorship in 1992, has been flying under the public radar trying to provide life to the dying colonial bird cage that has been eradicated from the face of the planet, with only 16 territories not achieving self determination. His flock of birds of paradise guided by his “colonial wisdom” have been effective in sending some of its members to influence the masters of the Metropolis in Washington, D.C. and in the 1st Circuit Federal Court in Boston.

Two of the birds of paradise flew to Boston to serve as law clerks of then 1st Circuit Federal Judge Stephen Breyer. They were Antonio “Tony” García Padilla and Aníbal Acevedo Vilá. They were highly recommended by the late Senator Ted Kennedy, a great supporter of the “colonial bird cage” called commonwealth of Puerto Rico. Kennedy, who was responsible for Breyer’s appointment to the 1st Circuit Court in a negotiation with President Carter in exchange for his support, recommended both birds to serve as law clerks. A very clever way to influence the judicial process of the 1st Circuit.

I had the pleasure of interviewing Breyer as a member of the 1st Circuit Court Nominating Committee. When I asked him if he believed in affirmative action, he responded “yes.” When I again asked him why he was taking the only position available for a PuertoRican born judge that sends one third of the case load to the 1st Circuit he responded arrogantly “because I am the best qualified!” The 1st Circuit Court reviews cases from Massachusetts, Maine, New Hampshire, Puerto Rico, and Rhode Island. Puerto Rico had to wait until Ronald Reagan appointed Federal Chief Judge Juan R. “Billo” Torruellas to the judicial circuit.
On October 1, 2015, the U.S. Supreme Court, through Associate Justice Breyer, granted a certiorari to review of a case from the Supreme Court of Puerto Rico called Puerto Rico v. Sánchez. This case was decided on March 20, 2015, and at issue is the very technical doctrine of Double Jeopardy. In synthesis, this doctrine states that you cannot be punished for the same facts more than once. The usual exception, however, is when a state and the Federal Government prosecute you for the same facts. The theory is that since they are different sovereigns, their power to accuse comes from different sources. A great scenario to scheme either a definition of “the powers” of the dead colonial commonwealth and provide oxygen to a cadaver or define Puerto Rico as an incorporated territory of the United States.

So the Great Toucan of Ponce has been quietly “lobbying” with his minor birds of paradise arrogantly pretending that they can buy the conscience of associate Justices of the Supreme Court of the United States. In their daring flights they have done the following:

1- Antonio “Tony” Garcia Padilla, when he was Dean of Law at the University of Puerto Rico ,invited Associate Justice Ruth Bader Ginsburg to lecture at the Law School.

2- Pedro Ortiz Alvarez invited associate justice Antonin Scalia to use one of the sanctuaries of the colonial birds of paradise, the Inter-American University, to give lectures of law. See The Washington Post of June 8, 2007 & http://www.PublicIntegrity.Org Report of Justices bolstered by free travel and royalties.

3-During her confirmation hearing as an associate Justice of the Supreme Court Sonia Sotomayor stayed with her friend Mari Carmen Aponte, long time colonial rule supporter, at her house in Washington, D.C.

4- Pedro Ortiz Alvarez presented Sonia Sotomayor’s book before the Catholic University in Ponce in the presence, not only of the associate justice, but also the Great Toucan of Ponce, member of the Roman Club.

5-Guess who paid for the translation from English into Spanish of Sonia Sotomayor’s book “My Beloved World”? Yes, the Carvajal Foundation, a PDP linked entity.

These birds of paradise are pretentious and arrogant in thinking that they can “persuade” associate justices of the Supreme Court in the same way and manner that they sold the soul of the people of Puerto Rico to benefit from the colonial rule for 30 pieces of silver. They have no idea what kind of character it takes to protect a venerable and highest institution of law. It is dangerous and daring of these birds of paradise to pretend that their “noble acts and courtesies” to these associate justices will buy them additional life for the commonwealth cadaver.

In the summer of 2016 the Supreme Court will deliberate and issue a decision on the Puerto Rico v. Sánchez case. The birds of paradise, many of them responsible for the economic crisis and the dismembering of the People of Puerto Rico, will be waiting in their colonial cage to see if their efforts paid off. But the majority of the People of Puerto Rico who rejected the colonial cage as a status will be watching also. I put my absolute trust that the associate justices will act with absolute integrity. They know that the International Community will also be watching with great interest.

I am saddened that the other flock of birds who sing the song of freedom through political equality is entertained in the fights for the nominations of elected positions in the administration of the colonial cage. As Martín Fierro said “ I have known singers that are a pleasure to listen, but they don’t want to express opinions, and they entertain themselves singing. But I sing expressing my views on ideals which is my form of singing.”