Tuesday, May 5, 2009

Obama et al have odd ideas about the Supreme Court

Obama taught Constitutional law for ten years but one can wonder if it was the kind that he recently swore an oath to "preserve, protect and defend." The imminence of his appointing a new SCOTUS justice revealed his desire to transcend abstract legal considerations and have "representation" on the court of the empathetic, sensitive...

N.B.The reason Lady Justice is blindfolded is so that she administers the law WITHOUT favor to EITHER the rich or poor, the connected or unconnected, etc. It is NOT appropriate to give special consideration even to the downtrodden, to minorities, or to foreign ideas or to anyone or thing not delineated in the Constitution or the body of American law.

Yoda is old enough to remember that the idea of "representation" on the Supreme Court was pointed up by the suggestion of Senator Roman Hruska that even mediocrity deserved such representation.
http://tinyurl.com/cxb5sn
Roman Hruska Lives!...replace Justice Souter with someone mediocre By JAMES TARANTO
...It was his defense of ...Nixon's nominee to the Supreme Court, Judge G. Harrold Carswell...that brought...uncomfortable celebrity in 1970.Liberal Democrats...against Judge Carswell,...Court of Appeals in Florida, contending that he was too "mediocre"...Hruska addressed the Senate in March 1970, ...on Judge Carswell's behalf,...asked why mediocrity should be a disqualification..."there are a lot of mediocre judges and people and lawyers. They are entitled to a little representation,...can't have all Brandeises, Frankfurters and Cardozos."The Democrats gleefully jumped on Mr. Hruska's argument, reducing it to "What's wrong with a little mediocrity?"..."I would like to see more people from outside the judicial monastery, somebody who has had some real-life experience, not just as a judge," said Vermont Sen. Patrick Leahy,...At least Carswell was a judge! Leahy seems to want not a liberal Scalia but a liberal Joe the Plumber...Obama pledged Friday to name a Supreme Court justice who combines "empathy and understanding"..."I will seek someone who understands that justice isn't about some abstract legal theory or footnote in a case book. It is also about how our laws affect the daily realities of people's lives," said the president...Obama, the great intellectual president, pooh-poohing "abstract legal theory" and speaking reverently of "the daily realities of people's lives."
Probably...just phony populism, but in case it isn't, one Nell Scovell of the lefty glossy Vanity Fair puts forward a name: Anita Hill, a law professor at Brandeis U...***judged to have been mediocre by her employer, now-SCOTUS Justice Thomas.***
***Other requirements for SCOTUS by liberal commentators, tongue-in-cheek or not***:
http://tinyurl.com/cj79t3 Justice may be blind, but not when it comes to weight. Paul Campos reports on the bizarre campaign to find a woman to replace David Souter on the High Court—as long as she’s thin.
The Court's Other Diversity Problem by Paul Campos More rare than a lesbian or Latino on the bench: a justice who didn’t go to Harvard or Yale. While others speculate on the race and gender of Justice Souter’s replacement, Paul Campos explains that the Supreme Court’s real diversity problem is career path and class. It wasn’t always this way.(a minor detraction from his credibility on this point is that Paul Campos is a professor of law at the University of Colorado at Boulder.)However, the liberal Campos is more punctilious than Washington Democrats when it comes not only to results but the justification for them: Right Decision, Wrong Reason by Paul Campos...The Iowa Supreme Court’s decision to overturn the state's ban on gay marriage may have achieved a noble end, but Paul Campos writes that the means are "a bunch of question-begging nonsense, poorly disguised by a smokescreen of law talk." One has reason to suspect that Judge Sonia Sotomayor's just-discovered clip in which she admits to legislating from the bench and thinking it's OK is more Obama's taste than caring about what is legally justified. Yoda can only marvel at the idea of stare decisis based on 5:4 personalized, non-objective votes.

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