Thursday, August 05, 2010

Black-Robed Tyrants

The Senate confirmed an unqualified nominee to the Supreme Court today. It was disappointing to see that Dick Lugar from my own home state joined the Democrats to vote 'Yes'. Apparently his argument is something along the lines that if Republican presidents want the Dems to allow their nominees to take the bench, somehow Dick's willingness to allow Obama's picks confirmation is enough goodwill to get Dems to vote for the next Roberts or Alito.

I considered it a priviledge to be able to see much of John Roberts' confirmation hearings. I learned more than I ever had about constitutional law in that session. Especially enjoyable was the way he made the Senators on the committee reveal themselves for the incompetent and ignorant fools they really are. The funniest part was they didn't even know how incredily clueless they were proving themselves to be with their inane questions.

I don't really get Dick's argument at all. I certainly see no evidence that Democrat Senators will use Dick's example to vote for a future Republican president's nominee.

Should Kagan have been voted down on the basis of her political views? No.

She should have been voted down based on her (lack of) qualifications. She's never been a judge, she's reported to have never written anything of substance about the law, and she has no apparent experience that would qualify her to sit in judgement of cases brought to the highest court in the land.

Then there's her attitudes and knowable beliefs about the US Constitution and the role of a Supreme Court Justice. It's pretty clear that her judgements on the court will reflect her personal preferences and ideas, and not any interpretation of the Law or the Constitution.

To Kagan and her compatriots, the Constitution is irrelevant. It's how she feels about the issue before the court that matters most. How much she identifies with the principals on one side or the other will hold more sway in her decision than what the Law says.

Just like the recent Arizona Immigration decision. And the California Proposition 8 decision. Neither decision seemed to even make an attempt to understand or apply legal principles, precedent, or Consititutional frameworks. The excerpts I've read from both decisions read more like a Democrat candidate speech.

When the courts become run by these agenda-driven political hacks, our very freedoms and protections are destroyed.

And Dick Lugar is an enabler.

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