The Charade of Supremes

George Rebane

Does anyone know of any Supreme Court justice who didn’t vote their ideology because of something they said or promised during their Senate confirmation hearing?  Is there any record of any justice being so restricted or constrained?  I know of no such event or ruling that history records.

Then how are we to interpret the pious mouthings of senators in front of a mike, pledging to take the latest nominee Elena Kagan through a rigorous questioning, and getting her to somehow pledge that she will straighten out and fly right while on the bench.  Since none of this is possible, representing the current constitutional charade as somehow verifying her bona fides for a lifetime sinecure confirms that the politicians know they are just soothing the sheeple.

This is particularly true of the Republican worthies on the Judiciary Committee.  They of all people know they are powerless to stop this legal lightweight from being sworn in.  They know that the country is now getting a long-lived justice whose resume contains only partisan arguments while in court and in front of Congress, and whose writings on the law are at best minimal but sobering.  No one even knows her marital status.

In her inexperience and strong progressive ideology she will add to the common denominator of the Obama administration, starting with the President himself.  But the woman is smart, knows how to work organizations and bureaucracies, and will become an effective progressive anchor to our third branch of government.  And she will do this in spite of her promises that she will be a constitutional “originalist” hewing to the original intent of the Founders.

The deal was done weeks ago.  Let’s swear in the woman, and get on with arguing the next stimulus or 'jobs' bill, or whatever  piece of legislation will hasten the crisis.

Comments

[Barry Pruett]

Question to Sonia Sotomayor during her confirmation hearings just last year...is it settled that the Second Amendment secures an individual rights? Sotomayor told the judiciary committee, “Yes, sir.”

Answer from Sotomayor when on the bench only a year later...the right to own a gun is not fundamental, and therefore cities and states should be free to regulate them in any fashion, or even completely ban them.

I agree...bring Kagan to an up or down vote and end the Senatorial dog and pony show. We do not need more political posturing. She is a radical...so what? So is Stevens. Elections have consequences and this is one of them.

[Steve Enos]

"stop this legal lightweight from being sworn in"... George, do you remember the lady that Bush II wanted on the court?

Talk about a true "legal lightweight".

[RL Crabb]

Personally, I'm tired of seeing these Ivy-league types on the court. Give me a common sense Westerner like Sandra Day O'Conner any day. I remember how Barry Goldwater popped his cork when Republicans complained she wasn't conservative enough. I guess they meant she wouldn't be a rubber stamp, and she never was.

[George Rebane]

Agreed Steve, but if I recall, the system worked and she never made it.

Alas Bob, where do we find these independent minded westerners?

[Dixon Cruickshank]

I can't believe a person that has never been a judge will be appointed to the Supreme Court for their first goround - unbelieveable. At least maybe a stopover in Traffic Court or something

[kim pruett]

I agree Bob, I really thought Sandra Day O'Conner was a class act and a great addition to the Supreme Court