Wednesday, May 27, 2009

"Justice" Sotomayor: The Court Takes A Turn For The Worse

Quin Hillyer of the American Spetator Laments:
I never in my life thought I could possibly see a Supreme Court pick as bad as Sonia Sotomayor. Barack Obama is quite clearly trying to upend all the underpinnings of American society in order to create his own version of a Brave New World. Government takeovers of banks and car companies, firings of executives, politically based decisions on which individual car dealerships remain open, world tours apologizing for supposed American sins, mollycoddling our enemies while insulting our friends, broken promises about transparency combined with selective release of classifed documents to serve political purposes.... and so much more, and now.... THIS. He nominates the most radical possible choice for the Supreme Court, a woman whose speeches and writings are so obscenely racialist that no white male could possible get away with saying anything like those things and live, professionally, for even a single additional day. Obama's emphasis today, in introducing Sotomayor, on biography over all else was absolutely sickening. And despicable. To which all decent Americans ought to respond: No, it does NOT make a difference whether she grew up rich or poor, black or white or Hispanic, left-handed or right-handed, ill or healthy, Jew or gentile. All that matters is whether or not she will uphold her oath to serve the Constitution and laws as written, including the explicit and tacit restrictions therein on judicial authority. In America, judges are not supposed to be fonts of wisdom, not supposed to "feel" the right things and not supposed to be demigods purveying some sort of cosmic notion of fairness. Instead, they are supposed to apply the laws as provided to them by the political branches within these United States. Period. As Justice Potter wrote in a famous dissent {Griswold vs. Connecticut}, later echoed by Clarence Thomas, a judge's duty is not to decide whether or not a law is wise or fair or even whether it is "uncommonly silly." His duty is just to do what the law says, and let the political branches change it if its silliness or unfairness is manifest.
What does this nomination teach us?
1. Well, elections have consequences. Staying home and pouting that McCain sucked and not voting led to this. Then again, given that Sotomayor got her start as a George H.W. Bush appointee, and that Bush appointed a clown like David Souter to the Supreme Court, there are no guarantees of judicial patriots from RINOs. That is still better than judicial commies from the likes of Obama however.
2. "Empathy" and "Feelings" now trump the Rule Of Law.
3. Nicholas Stix notes that Sotomayor was schooled by the worst of politicized judges, Robert Morganthau.

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