The ACLU's case rested on the assumption that minorities are as dumb as bricks. Since minorities are incapable of filling out punch cards, the argument went, their votes would not be counted. If their votes were not counted, the equal protection clause of the U.S. Constitution would be violated. The pink-tinged 9th Circuit agreed with the ACLU.
Naturally, the ACLU was overjoyed by the 9th Circuit's decision in favor of part-time democracy. American Civil Liberties Union attorney Margaret Crosby said, "This is a victory for democracy. A constitutional democracy rests on the principle that every vote should be counted equally." This is untrue. A constitutional democracy rests on the principle that every properly cast vote should be counted equally. It is the responsibility of the voter to properly cast his vote.
The recall debacle is merely the latest in a long line of liberal attempts to defeat true democracy. The New Jersey Supreme Court decided that Democratic Sen. Robert "The Torch" Torricelli could be replaced on the ballot by another Democratic candidate fewer than 51 days prior to the Senate election, violating state election law. The Florida Supreme Court ruled that Al Gore's request for a recount did not violate state electoral law, even though it assuredly did.
For the left, popular support for a perfectly legal measure should not take precedence over the liberal agenda. In California, Proposition 187, a 1994 measure designed to curb illegal immigration by prohibiting illegals from receiving taxpayer benefits, was backed by 60 percent of voters. Then, it was overturned by federal Judge Mariana Pfaelzer after the ACLU took the measure to court. The 9th Circuit upheld Pfaelzer's ruling.
Liberal judges can turn defeat to victory for the left -- but only as long as the "select" of the judiciary are themselves leftists. Maintaining a leftist judiciary is a direct attack on true democracy. It usurps the power from the people. It is the best hope of the left. Is it any wonder that Democrats are desperate to prevent President Bush's nominees from reaching the bench?