Tuesday, August 19, 2003

WHAT IS IT THAT JUDGES ARE SUPPOSED TO DO?

Why isn't the media talking about the Democrats filibuster of the Presidents judicial nominees? If the media weren't lazy or partisan it would be telling us that a judge's job is to follow the law. It should be asking senate Democrats to come up with evidence that these judges haven't been following the law in their other appointments. Short of that, the Democrats have no standing to oppose them.

The Democrats want judges to make law. Now this seems paradoxical, because making law should be in the realm of Senate Democrats. But Senate Democrats cannot pass the laws they really want, because people aren't as liberal as the Senators. Therefore, if they can force enough un-elected progressives on the court they can achieve the things they really want while bypassing the people who elected them. If "conservatives" get on the court they will actually have to live with the laws they can win with a vote.

The Republicans who opposed Clinton’s nominees were able to say that they weren’t living up to the law. That is the standard that worked in this country until Earl Warren and company decided to launch a coup on the nations laws.

Courts can have the ability to right a great many wrongs. The Warren court speeded up de-segregation. But tyrants and dictators always gain power with popular measures that re-assure the masses. These judges that choose to dictate public policy rather than let the appropriate branches of government do their jobs are becoming more worrisome. The Democrats who think they are winning the war in the courts are really weakening their own power and the entire system. Someday there won’t be any constructionists on the court. The rightwing judges will be just as meddlesome as the leftwing ones. Then the Senate Democrats will lose their power on both ends.

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