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Wednesday, February 28, 2007
Thomas Sowell :: Townhall.com Columnist
High Court and Low Politics: Part II
by Thomas Sowell
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It is understandable that liberal Democratic presidents, beginning with Franklin D. Roosevelt, loaded the Supreme Court with liberal, Democratic justices.

What is far harder to understand is how a whole succession of conservative Republican presidents -- Nixon, Ford, Reagan, and Bush 41 -- managed to appoint so many liberals to the Supreme Court.

All these presidents ran on the idea that what courts in general, and the Supreme Court in particular, needed were judges who followed the law instead of making up their own new laws.

Voters who put these Republican presidents in the White House repeatedly found themselves disappointed with many, if not most, of their nominations of Supreme Court justices.

President Nixon appointed Harry Blackmun, who created a "constitutional right" to an abortion out of thin air, just as previous liberal justices had created all sorts of constitutional rights out of thin air for criminals, vagrants, and others.

President Ford appointed John Paul Stevens, whose long history of liberal votes was climaxed by his 2005 decision that politicians can seize private homes and turn them over to other private individuals, who want to replace these homes with amusement parks or shopping malls -- which bring in more tax revenues.

Even Ronald Reagan, so eloquent against group preferences and quotas, announced that he was going to appoint "a woman" to the Supreme Court during the 1980 election campaign -- and later looked for a woman to appoint.

That is how a mid-level state court judge with no experience in the federal judiciary became Justice Sandra Day O'Connor. Yet no one said that she was "unqualified" as they would later say of Clarence Thomas, whose credentials greatly outweighed hers.

Now, a quarter of a century later, Sandra Day O'Connor's legacy of incoherent Supreme Court opinions on such issues as affirmative action and abortion have made a mockery of the very concept of law.

Given the momentous impact of Supreme Court decisions on 300 million Americans today and on generations yet unborn, it is staggering that either presidents or justices themselves cannot keep their eye on the ball and understand the high stakes at issue.

Sandra Day O'Connor was quota-minded from before she was appointed and after she retired. Even before she herself was in the running, she had urged President Nixon to appoint "a woman" to the Supreme Court and, decades later, she lamented that President Bush did not appoint "a woman" to succeed her.

The stakes for the country and the pressures on Supreme Court justices demand that the best people possible be put on the High Court. If that turns out to be nine Asian American men or nine Hispanic women, that is just a footnote to history.

But to start out looking for "diversity," as if you were decorating a Christmas tree with different colored baubles, is to abdicate one of the most solemn responsibilities of a president.

The endlessly repeated mantra of "diversity" is a triumph of the art of propaganda, for not a speck of hard evidence to support it has been asked for or given. Yet President George W. Bush cited "diversity" when he decided to make the aborted nomination of Harriet Miers to the Supreme Court.

Whatever the shortcomings of Democrats, they know what they are for -- and are willing to go all out to fight for it. Republicans often seem ambiguous about what they are for and seem to regard fighting as ungentlemanly.

Senate Democrats went all out to stop the nomination of Judge Robert Bork to the Supreme Court and to try to stop the nomination of Judge Clarence Thomas. These Democrats did not let either truth or decency cramp their style.

But Republicans voted overwhelmingly to confirm liberal-left nominees Ruth Bader Ginsburg and Stephen Breyer when Bill Clinton nominated them. The Senate vote was 87 to 9 for Breyer and 96 to 3 for Ginsburg.

No need to savage either nominee, but they should have been voted against -- and the reasons for those votes explained to the public. Otherwise Democrats define what is a "mainstream" judge.

Republicans need to rethink their views on judges -- or perhaps to really think for the first time.

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About The Author
Thomas Sowell is a senior fellow at the Hoover Institute and author of The Housing Boom and Bust.
 
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Republican Supreme Court Appointments
AMEN! Thomas Sowell has hit the nail right on the head in this article. Republicans attempt to be fair. Democrats play hardball. It is time that Republicans play hardball as well. I can understand why Nixon, Ford and Reagan found people like Blackmun, Stevens and O'Connor as I can understand how Eisenhower could have nominated someone like Earl Warren. They had to nominate someone that would get passed a democrat controlled Senate. What I cannot understand is how Ginsburg or Bryer could have been approved by our Republican controlled Senate. It is fine to say that no litmus test be applied but let's be realistic. If the opponent applies one then you must too. You don't take a knife to a gun fight just because you don't believe in the 2nd Amendment.

Despite all this, what bothers me most is the Republican refusal to strike down the democrat filibuster over judicial nominations while they were in the majority. If the Senate can allow a rule to override the constitutional obligation to provide advice and consent then all that is required is a rule and not an amendment to change the Constitution. I personally won't stand for this and is one of many reasons why John McCain will get no primary vote from me as he runs for president. That gang of fourteen avoided a fight that needed to be fought. Now it is too late.

Life Begins at Conception

....David Mac ...

.....Science has already proven that life begins at conception ...this is not opinion but fact ...
only two questions need be answered ...

1. Is the fertilized egg alive?
2. Does it contain all the DNA information necessary to grow into a full term human being?

.....the answer to both questions is yes and I doubt that any scientist can offer proof that life begins at any point other than conception .....COLOSSUS

DavidMac - So called "right to privacy"
And where exactly is the text in the Constitution that states a right to privacy? Don't waste your time looking for it, because there is no text that defines a constitutional right to privacy. That is why the "right" to an abortion is invented out of thin air.

Sowell
wrote, "President Nixon appointed Harry Blackmun, who created a "constitutional right" to an abortion out of thin air."


Sowell usually gets it right, but this time he missed.

Blackmun's opinion explained that the Roe v. Wade case was based on the constitutional right of privacy and that the state couldn't interfere during the first trimester.

Blackmun also opined that no one knows when life begins (although many people have strong opinions as to that question).

While almost all leftist judges are beneath my contempt, Roe was decided correctly. Too many of my fellow right-wingers disparage Roe and do so for the wrong reasons.

Why don't those right-wing anti-Roe folks spend their time, effort and money in getting the state legislature to pass an anti-abortion bill which states life begins at conception?

Because they can't prove it, that's why. It's merely their opinion and carries as much weight as the leftist pukes' opinions.

Umm
Sorry that's "philosopher". I know how to spell it, I just missed the "o".

It's a Scary Day...
...when Liberalgoodman is right, but credit where it's due, this time he is. The constructionist justices on the Supreme Court are far outside the mainstream of legal thought. They take seriously their oath to uphold the Constitution, rather than hand down their own wisdom as the law of the land like a black-robed incarnation of Plato's "philosipher king".

Demanding radicalism
The justices you like, Thomas, Scalia, etc., are radically out of the main stream of legal thought. You never would get 4 such on the Supreme Court without very careful ideological screening. That's why Republicans appoint people you consider liberals. They really are main stream, just not the nuts you're looking for.

Conman
I completely agree with you that there is a disgusting politization on college campuses today. True education means to be free to reach your own conclusions, not have them dictated by the instructor. Liberals and conservatives both proclaim that they are for freedom. They should prove it.

Good column, Dr. Sowell, but...
... For the first time, I had to vote your column three stars instead of the regular five, on grounds that, despite all your marvelous writings on the leftist mentality (most especiall _A Conflict of Visions_), you failed to articulate the reasoning behind the left's adoration of diversity.

You write: "The stakes for the country and the pressures on Supreme Court justices demand that the best people possible be put on the High Court. If that turns out to be nine Asian American men or nine Hispanic women, that is just a footnote to history. But to start out looking for 'diversity,' as if you were decorating a Christmas tree with different colored baubles, is to abdicate one of the most solemn responsibilities of a president."

As much as I loathe the left, I don't think that's a thorough assessment. I think you'll agree that the left trumpets "diversity" for two reasons: (1) They believe that any given individual's point of view cannot exceed his biological and environmental influences (i.e. all men, and especially all white men, think alike, so we'd better get a woman in there!), and, more importantly, (2) it's an easy way to shoe horn in ideologies that rival the traditions on which America was founded (i.e. throwing a monkey wrench into a system that one doesn't like, on grounds that the perspective of the collective that espouses it is inherently narrow).

Their reasoning is bollocks, of course, but I do think that you should have pointed out these facts (of which I'm sure that you're aware).

The rest of the column is dead-on accurate as usual, though. Loved especially your comparisons of Justice O'Connor with Justice Thomas, in Part I. I know from experience that it's tough being a black conservative in America!


-- Milo

correction
to ken post s/b to conman. doh

Judicial activism
Our country’s founders mandated that everything that can be removed from the political process should be. [Combined 9th and 10th Amendments, “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”]

The segregation portion of the Tenth Amendment was invalidated by Amendments Thirteen, Fourteen and Fifteen. The rest of it remained in effect until unnumbered amendments were illegally passed by five or more Supreme Court Justices in various rulings. These rulings are now precedents and therefore the illegal law of the land. They have also established the precedent that any five Supreme Court Justices (right wing or left wing) can amend the "living document" anytime they choose.

ken
How right you are. My daughter was looking in to U of Illinois for engineering and decided against it because they wanted 3 essays, all of them related to the benefits of diversity. She didn't want her acceptance based on what she thought about diversity. She's going to wind up going to Michigan Tech Univ. since there are not many conservative universities out there that offer an engineering curriculum. Grove City College perhaps, but Hillsdale doesn't have it and Stanford was too far away.

Mondamay
You are exactly right. Here we go back to the Rockefeller republican era of the past. And who's
the front-runner out there for '08'? Guiliani.
Good guy in many ways, but a northeastern liberal republican all the way.

Ken
Actually, I did some history course work myself. One thing I noticed: when I did papers that pleased the lib TAs, I got As. When I researched and took non-lib positions, I got Cs.

But I never depended on them for my education anyway.

It's even much worse now - with regard to the social sciences, academia has become a corrupt, rotten system that rewards leftists and their views, and punishes conservatives.

If you still have an honest intellect, you would agree. Think about the academic freedom that's been lost to these ideologues, and the scope of inquiry that no longer available at the university level - and worse, what's replaced it.

ken
iiiinnnnnn
ooooouuuuutttttt
hhhhhmmmmmmmmmmm

OK. I feel better now and the pain isn't going down my arm.

Thanks

Hi Conman
I actually have a master's in American History. You are certainly right about Hiss and the Rosenburgs. McCarthy destroyed far more than he helped. We in Maine are proud that it was our Republican senator, Margaret Chase Smith who only had the courage to speak out about his tactics.

Chronology Incorrect

.....FergusMaclennan ...

.....you are correct ...Reagan nominated O'Connor in 1981 ...Bork in 1987 ...

.....so Reagan was one for two ...put my error down to a computer glitch .....COLOSSUS

Ken
Never fails - mention the 50s, Eisenhower, Hollywood, Blacklist, etc., and what do you get - McCarthyism, McCarthyism, awk, awk ad nauseum - from some indoctrinated lib case, that's supposed to immediately shut down debate.

Actually McCarthy had a case to make. It was during the time of the Red scare - you probably weren't there so you know nothing about it.
There were the Rosenbergs and Hiss (ever hear of these Soviet spies?), the facts of which were confirmed by Soviet achieved documents (read Coulter's account, you might learn something). There was real fear and given the way Stalin was grabbing eastern Europe and pushing the envelope in the far east, there was no predicting what he would do next. Add to the mix thermonuclear weapons and the systems to deliver them.

Sure Joe was loud and overbearing, but he got people's attention. Without McCarthy, we might not have responded to Korea - or prevented a Taiwan snatch. Millions of people live in freedom who otherwise would not. China had already been lost. Perhaps you'd say - so what - give it to them - the Commies, that is. That would mean Japan would probably be gone by now as well as Taiwan.

Just how far are you willing to go to become a slave - it can easily be arranged in a matter of a few hours by jet. If we conservatives seem a bit sharp edged and impatient with you lib types, it's only because we are appalled at your lack of historical perspective and the ignorance of your views. I realize the free gov't schools have adopted the hate America, multicultural, socialist, gay indoctrination agenda as their primary curriculum. Before creepy Carter and the Dept. of Education, they used to educate students - now they're little more than re-education camps.

Believe me - with a little scholarship, you will come to realize what a lot of feel good emotional tripe the liberal shtick is. Why is it concocted? To delude you into supporting liberals, who would not be able to do what they are trying to do without you, which is to impose totalitarian socialism on this nation. Either take hold of your own education, or they'll provide you with one you won't like.

Rodval
God bless you, too. I actually find some things here that I agree with. It is usually interesting at least. Breathing exercises might help. You wouldn't want me to work you up into a heart attack. Take care.

ken
Juvenile? Juvenile?? Juvenile???

How does coming to a conservative sight to keep us in line by challenging everthing we say qualify as mature?


Mature would be to try and convince or to learn. There is no other reason for you to be here.

Your remarks do not convince.

Look up masochist in the dictionary.

Rodval
My point is that you are capable of reasoned debate. I realize it isn't as much fun as name calling and we liberals sure have our share of loose cannons, too. It just doesn't accomplish anything, other than getting us all feeling self-righteous. I work with middle school kids. I get enough juvenile behavior with them. Like it or not, we are all Americans and have to live together in the same country. Civility is, after all, one of the hallmarks of community. Have a good day.

ken
You are entirely correct and we stand chastised by your wisdom.
We are not capable of reasoned debate like libs.
Please accept my apology.
How could Ginsberg be an advocate of Communism when it barely exists? I agree with you that she couldn't.
But she is ugly.

Ken, Was this an example...
... of your "great reasoned debate"?

"When conservatives froth at the mouth like this, it just reinforces the idea that they are loopy."

Having different political views might not be a sign of treason, but siding with the enemy in a time of war is (even if you don't agree with the war).

The lies of the left (unjust war, the 16 word "lie" in the SotU address, no progress in Iraq, civil war in Iraq, No WMD in Iraq) all point to a common aim: our defeat in Iraq. For what purpose? Bush hatred. The insane left hates Bush so much that they want our troops to die (or at least don't care if they do) to accomplish this end. It is for that reason that we on the right will never trust your kind again.

Hi Vic
Great reasoned debate. Sort of makes my point. Thanks.

To Ken
We are actually not interested in debating liberal trolls, so go back to DU and we will not miss you.

Hi Conman
You are aware of course, that the 50s were the time of Senator Joseph McCarthy. He made smearing people an art form. The problem is that many conservatives think that they are the only patriotic Americans and all others are traitors. Must make it hard to sleep nights. Having different political views is not a sign of treason, conspiricy, or moral turpitude. When conservatives froth at the mouth like this, it just reinforces the idea that they are loopy. Doesn't make me want to run out and be like you, and it sure can't be confused with debate.

Marc of CA: Evil vs Stupid
Excellent post.

Probably my biggest complaint about about the generally excellent posts here is the frequent use of the term "RINO".

It has been a painful lesson for me to learn that the Republican party is still the same clueless party of northeastern liberals that could barely muster an average of 170 seats in the House for 40 years. Ronald Reagan and Newt Gingrich have been the only leaders who have given them the conservative direction they have needed to become a serious contender for the hearts (and the votes) of the American people.

I hope they enjoy their Drive-by Media accolades, because they are done (again) in national politics, until they come back to small government principles, stand up for the Constitution, and defend our borders.

Unity08
Sharkie:

Right on - this is just some touch feely, feel good political diversion. What does it stand for? Sounds like the Rodney King philosophy, the sappy 'why can't we all just get along'. This is exactly what's been killing conservatism and will kill this nation, because the other side are composed of jackals and hyenas who exploit weakness.

Stick your bipartisanship up your patoot - I want to win!

O'Connor
This dimwit was easily the worst decision Reagan made in his eight year administration, and Sowell superbly points out the fallacy in the decision making process - the initial desire to fill some demographic slot - in this case, with a woman. And Bush almost made the same mistake - twice. First he toyed with the notion of Gonzales as a hispanic and then the outrageously stupid Miers proposal.

The best decision O'Connor made in her entire SCOTUS tenure was to quit - and then we didn't get rid of her when she showed up on that Iraq surrender group.

Sowell is right on another point - for the life of me, I can't understand why republicans continue to treat the democrat party the same way as it did in the 50s. The current democrat party has taken on the character and operational tactics of the parties of one party socialist states. It pursues power for its own sake, and not to advance the interests of the electorate or the nation. Its members retreat only when they are decisively beaten and in many cases not even then. They can clearly lose an election but will not accept the result if it's disputably close. They will readily steal an election through fraud and agitation. And negotiation? They start from the premise of what's mine is mine and what's yours is negotiable.

I'm sick of these GOPers playing nice with these thugs, worrying about their media image and the continuation of their own positions. Sure the deck is stacked against them but isn't principled strength its own attraction? I hope they found out in the last election that the level of pork doesn't necessarily determine electoral success - and that principled integrity is the best policy.

baseballdoc
Your post is a little confused-sounding. Perhaps you didn't mean it this way, but your section addressing Reagan's choices for the court make it sound as though O'Connor was Reagan's second choice after his first choice got "Borked" by Kennedy et al. This is obviously incorrect, I hope you didn't mean it this way.

Kelo et. al.
After Roe, the Kelo decision was the next worse SC decision. The Constitution is very plain on this score: private property can be taken for the public, not private, use and just compensation given to the land owner. The SC effectively placed the homes of every American citizen in thrall to greedy developers. Sen. Cornyn (R,TX) had made ready to introduce legislation to remedy this eggregious ruling, but after that, nothing has happened and business goes on. Meanwhile, thousands of properties have been seized under Kelo, and once again, Republicans have dropped the ball. Even O'Connor joined the other three justices dissenting from Kelo, and there are not enough justices to overturn their own decision now, as the five ditzies are still on the Court.

To Ken
My basis was the following:

She is consistently the most liberal (socialistic) of the judges. She voted to uphold the taking of private property for non-public use in Kelo. My definition of a communist is a socialist who doesn't believe in private property. There you have it.

Communism is dead everywhere except Cuba, China, and the hearts of most of the liberals in this country who still think it is the ideal form of government.

Hong Kong Charlie and unity08
I just went to the website for unity08. To save others from venturing there - the goal of this site is to elect a bipartison ticket in 08.
That is the last thing that I want! I hate bipartisonship. What is good about it? I want my national leaders to stand for principles - to be deaf to expediency! Bipartisonship got us the gang of 14 and Court nominees stil hamstrung by the Senate Judiciary Committee. I hate compromise. I want my elected officials to stand by their principles and vote their republican/statesmanship conscience! Let the cards fall where they may. You cannot be a little bit conservative as it relates to judges. That is like being a little bit pregnant. Don't give an inch on this important principle. If the candidate is not a strict constitionalist - then he does not belong on the Supreme Court - and any other court for that matter!

Conservative Presidents?

.....Dr. Sowell ....I never thought I would disagree with you but I think you have been too generous with the term Conservative ...

.....RICHARD NIXON: Nixon was more than a RINO he was a bona-fide LIBERAL ...he imposed a wage freeze and price controls ...he helped create the EPA and OSHA and was for Affirimative Action programs ...

.....GERALD FORD: was a "MODERATE" who was pro-choice and he granted amnesty to Vietnam war protesters who evaded the draft ...

.....RONALD REAGAN: A true conservative who originally nominated Justice Bork to the Supreme Court ...when his choice was "Borked" by the Democrats ...led by Ted Kennedy and his infamous "back alley abortions" speech ...he was influenced to break ground by selecting the first woman to the court who was sure to be confirmed by the Democrats ...his second choice ...SANDRA DAY O'CONNER ...

.....GEORGE BUSH SR: Was a limosine liberal and a pure RINO ...he spoke of a "kinder gentler society" and "a thousands points of light" ...he was the first to speak of "a New World Order" ...he called Reagans tax cuts "voodoo economics" and was quick to break his no new taxes pledge ...and he gave us "The Americans with Disabilities Act" ...

.....so of the four Presidents ...only Reagan was a true Conservative .....COLOSSUS

Vic
So Justice Ginsberg is an advocate of Communism? It might have escaped your notice, but commuinism is pretty much dead except in North Korea, Cuba, and the minds of a lot of knee-jerk right wingers. Why don't you give us some proof? Calling her a communist is as cheap a shot as calling you a fascist because I disagree with you.

Perversity of Diversity
The desire to get "a woman" or "a diverse" supreme court reflects the same twisted view of the world that allows racial preferences in college admissions.

Here in Michigan, prop 2 recently banned racial preferences for college admissions, yet the University of Michigan in its ever liberal fashion is trying to fight it, a direct contrast to the wishes of the voting public.

However, seeing that prop 2 passed in this liberal state gives me hope. People are actually starting to discuss originalist vs. activist judges instead of genetic qualifications. Perhaps Americans are beginning to see past the liberal logic to reality?

Maybe another choice
First read every day, I look for Dr. Sowell's articles. One of the most belabored points in comments laments the lack of choices between the parties. Might be a solution on the horizon. I'm not sure in my own mind just yet though.

There is an attempt to gain the middle ground for the vast numbers of voters that are to the right or left of the fringe groups, otherwise known as middle ground.

It's called Unity08 and is also the name of it's website. I've been there and am slightly ambivalent as to their chances. Who knows, they are attempting to field a presidential slate and have them qualified on every state ballot. This attempt will be entirely by use of the internet. Anyone signing up at the website will be entitled to vote on the slate as a delagate.

This is not a plug for same, just a mention to those that might be interested. As stated, i'm not at the point of jumping in myself. It is an interesting use of the internet, and could possibly redefine politics as usual, which is what we have now.

An interesting bit of math showed up on the website. If one million middle of the road Americans, donated 100.00 each it would change the dynamics of the race.

Dr. Sowell, my apologies sir for getting off topic. I do believe we are in a fight for the soul of this Magnificent country.
I hope this is taken in the manner it's meant by me. Simply to inform, not shilling in any manner.


so true
Fletch says: "It is important to judge politicians by their actions, not by their party affiliation."


Which is why IMO the attacks on Guiliani by some conservatives are so far off base. Leave aside the frankly idiotic and tiresome issue of abortion (which I personally couldn't care less about), an issue that has nothing to do with a President's job description, and leave aside the issue of gun control which was a LOCAL issue in NYC and again has nothing to do with a President's job description. If one looks at Giuliani's RECORD as a politician, his political accomplishments as mayor were more conservative than those of most Republicans calling themselves "conservative" (e.g. the Bushes, Nixon, Ford). Let's try to be realistic and leave the wishful, self pitying, emotional approach to life to liberals. We can destroy ourselves in an internecine fight over the meaning of conservatism and hand the White House and Congress to Hillary, Pelosi and her ilk, or we can make a concession or two for the good of the country and unite quickly behind a candidate who has the best chance to defeat the entrenched liberal political class. Your choice, foks.

Vic
Been to Malkin's article yet?

We're forming up to head to DC.

Also, check my blog for three AWESOME articles.

(Shameless Blog plug achieved. My work here is done.)

You got it backwards
sedonaman writes: The reason they sell their souls

You have it backwards RINOS were never Republicans they clamed to be Republicans. Mc Cain has always looked out for Mc Cain and not the Republican Party or conservatives.

To Moonbat Exterminator
Earl Warren was the result of a "backroom" deal in which Ike got the votes of the CA delegation to the Repub convention and CA got Earl Warren for Chief Justice. Ike often said that it was the biggest mistake he ever made was honoring the deal.

The reason they sell their souls
Republicans who become RINOs have sold their souls for media attention and resulting power. Look at McCain. Would he be getting all the press fawning he is if he weren't so liberal? They can also become powerful than they would otherwise -- they become the "swing vote" as in the case of O'Connor, or one of the "gang of five" that stopped true conservatives from "going nuclear" in the Senate.

A great way....
...to begin any day; reading an essay by Dr. Sowell. Another great lesson in common sense.

Can someone with the political where-with-all deliver this article to members of congress and have someone read and explain it to them? Particularly, Republicans?

Ike's terrible choice
Dr Sowell missed the most eggregious offender as far as Supreme Court nominations go. Far and away, the biggest Liberal Surprise was an alleged conservative appointed by DD Eisenhower who morphed into the godfather of judicial activism, the man who believed that the Constitution was "maybe a nice concept", Earl Warren. I wonder if justices are equally afflicted by beltwayitis.

Left Wing Factors On Supreme Court
Don't get off track. Dr. Sowell raises an important question because in the future we don't want a repetition of the past.

I think that there are some factors that push the U.S. Supreme Court to the left, and those factors need to be addressed.

First, there are the left wing views of "professional" bar associations that recommend people for federal judgeships. The ABA, for example, is a left wing outfit; don't kid yourself. In parts of the country, if you are a conservative, then you don't get ahead in "professional" circles.

Second, constitutional doctrine in many respects has been developed in left wing ways, and it takes a brilliant conservative such as Justice Scalia to point out the errors. There is a good book "Scalia Dissents" for a reason. If judges follow or develop existing precedent, then what you can get are left wing decisions.

Third, sometimes left wing law clerks affect what judges do. Don't scoff at this one: the late Justice Rehnquist once lamented about law clerks coming out of law schools were so routinely liberal.

Shameful Insight
As usual it takes one very little time to recognize the vast amount of simplistic logic, and principled character evident in the observations presented by Doctor Sowell.

Unfortunately, the Supreme Court is not comprised of men of his superior capacities to understand the Framer's Constitution. Several of them have committed glaringly obvious impeachable offenses, yet, the people's representatives have never been principled enough in their own behaviour to exercise this obligatory mandate for fear of losing their own positions of unmitigated power through the same Constitutional process.

One might find forgiveness for a couple of the Presidents mentioned due to the amount of background pressure, and influence forced upon them by those unelected minions of the elitist power structure lurking in the shadows of our government.

That being said, with the exception of Scalia, and Thomas, I cannot find much solid evidence that we need not fear future usurpation of the "people's power. I do not believe the so-called jury is back in the courtroom on the most recent additions to this august body, but we will need to watch them closely.

In the mean time we should keep up the pressure on those in Congress who do possess an absolute loyalty to the Framer's Constitution, and who will adhere to the mandate to represent the people they serve.








right is its own defense
Liberals are perfectly willing to compromise. It's just that they define compromise not as both partes making concessions but both parties engaging in "give and take." The way they always seem to work it is that conservatives give and liberals take. Works out very well for them.

Republican Malfeasance
Once again Dr. Sowell hits it. On Harry Blackman one must remember that, contrary to popular belief, Richard Nixon was one of the most liberal presidents of modern times. President Ford was not a conservative, and as a Republican, he had been emasculated by Watergate. Bush 41 was a RINO, NE liberal with an (R) after his name. Add in the hard opposition of the liberals in the Senate to anything that may have resembled a conservative with the lack-luster defense of the Repubs and you can see why the Supremes up to now have been liberal.

I agree that the Repubs have been too weak-kneed in their defense of nominees and too slack in their opposition to justices like Ginsberg. The idea that a chattering minion of the ACLU and advocate of communism could be appointed with only 3 opposition votes reflects a Republican party that does not care for it’s base at all. We should have seen the handwriting on the wall then.

Looking at the 08 election, the top 3 “declared” candidates are Giuliani, McCain, and Romney (Gingrich is in 3rd but is not declared). We already know McShame is a RINO who can not be trusted with the position of county clerk, much less President. That leaves Giuliani and Romney. Can we trust them to appoint a real constructionalist (or textualist) judge and to actually fight for them once appointed? Giuliani says he will but is he just another NE liberal with an (R) after his name like Bush 41?

Excellent column
And to once again tie it into a shameless plug for my blog, the basic tenet is the same as my current essay "Principle versus Expediency".

Bottom line, as I've written so many times in so many posts and blog essays, the Republican party per se is a gutless jellyfish with no strategy, tactics, or willingness to fight. The real guts come from the conservative/core group that supported it for Reagan and the Contract with America, and which the Rep party is busy throwing out of the lifeboat.

If the best they can propose is Giuliani or McCrazy, they are going the way of the WHIGs.

This column is a perfect illustration of the fallacy of voting for Giuliani, who -- as a sop to conservatives in his stump speeches recently -- has promised to appoint "conservative" justices.

Aside from the questions of whose idea of conservative, and how are we supposed to believe the promise of a politician with no record of judicial appointments to which we can refer, what about the very valid issues Sowell just raised in this column?

Marc
Every dictionary I've ever seen describes compromise as a settlement where both sides make concessions. If you think compromise is where you give in and get nothing in return, I'd hate to be your wife. Aside from that and your far-too-cynical evil vs. stupid claim, pretty good post.

Oh Dr Sowell, do you dare speak it?
There is a distinct difference between Republicans and Conservatives. Just like there are two majority political parties in America. The Evil and the Stupid. [Republicans are the stupid, duh!]

You may look back in recent history and see the mistakes and compromises (same thing) the Republicans have made in politics. None of these moves have advanced their positions politically. By defintion compromise is giving your opponent something for free, or at no or little "cost". That means they took what was offered.

I have wondered why the flap over the "nuclear option" over fillibusters of Federal judges just disappeared in the breeze when the Dems let the last two Supremes go to confirmation. Why is that? It had to be because they did not want future nominations to be fillibustered.

But they had little to worry about, Republicans are weak and silly and only concerned with themselves. Too bad the Conservatives were not in a position to act. Or are there any Conservatives in the Senate? Or the House for that matter? Rare as hen's teeth I'd say!

A couple of great quotes:
"But to start out looking for "diversity," as if you were decorating a Christmas tree with different colored baubles, is to abdicate one of the most solemn responsibilities of a president."

"Republicans need to rethink their views on judges -- or perhaps to really think for the first time."

Good stuff, Doc Sowell!
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