THE only thing missing was the smoke (and possibly the mirrors). By any customary definition, the foreign-born cannot be indigenous. They can be citizens in certain well understood circumstances. Whether or not genuine Australian Aborigines can be aliens is a separate, more straightforward issue. Answer: no, they cannot be. By conflating the questions so as to abracadabra into existence a new human right for a privileged minority, the High Court – sitting as the Vibe Court – has once again placed itself above legislatures and the Constitution to canonise something a majority of its members believe ‘feels right.’ With few exceptions – or, more accurately, none – what feels right to the High Court are fashionable left-wing causes. New Zealand-born Brendan Thoms and Papua New Guinea-born Daniel Love both have only one Aboriginal parent. They did not seek to become, and are not, citizens of Australia. Their lawyers and the Victorian government have made various arguments – successfully, as it happens – linking their plight and its amelioration to Mabo. The High Court accepts that their part-Aboriginal blood gives them an inextinguishable bond to the land and waters of Australia. The truly galling thing – apart from the court’s bombastic arrogation of law-making power to itself – is the fact that Thoms and Love are not ‘great cause’ campaigners motivated by principle or the suffering of others. They are two convicted criminals cynically using aboriginality to improve their lifestyles.
IT is a concern that the same Victorian government has put equally novel and ridiculous arguments to the High Court about the guilt of Cardinal George Pell. RJ Smith at Quillette concludes his summary of the looming Pell appeal by reminding us that the entire case would never have been pursued but for various vibe-innovations the High Court must itself now examine in relation to the (non-existent) evidence. At Quadrant, indefatigable lead investigator for the defence – Keith Windschuttle – uncovers a suspicious zombie legal argument the Victorian government has tried to sneak back into its High Court appeal.