Monday, October 16, 2006

Here I Go Again.

Just ignore this if you're cruising my blog to check up on what I'm doing. I just love stuff like this and can't resist commenting on it when I see it.

"Should the Democrats be in a position to appoint enough Justices to create a
"perfectionist" majority on the Court, why should these Justices not abolish
capital punishment once and for all, as courts in other countries have done? Why
should they not provide gays and lesbians with the same degree of protection
available to other minorities with a long history of discrimination? Overturn
the ludicrous 1976 Buckley v. Valeo decision, which equates speech with money
and frustrates any hope of meaningful campaign finance reform? Authorize
physician-assisted suicide for terminally ill patients who are in terrible pain?
Restore the protections for the right to an abortion that Casey undid? All these
changes can be made within the limits of judicial prudence and principled
adjudication. Right-wing judges have never worried about being wrong. Why should
liberals?"

If anyone actually read my blog, I'd probably draw an elitist sneer for pointing out that all of the above, with the single exception of overturning a case, involve passing or enacting legislation, which isn't the Supreme Court's job! Look at the verbage: "Abolish", "provide", "authorize", "restore". These are words that make you think of decrees or pronouncements, which is fine when you're talking about judges handing down sentences, but very troubling when considering justices "interpreting laws" (which, recalling American Government from 9th grade, is what the Supreme Court nominally does).
The author does not even consider the fact that, under his view of a "perfectionist" Supreme Court, you have 9 people deciding what's best for the country, torturing the Constitution to make it agree with them, and proclaiming to the other 300 million of us what the law should be. Why even have any other branches of government? Why even go through the pretext of needing agreement from the Founding Document?

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