Tuesday, May 26, 2009

The Right's Judicial Nominee Argument

I am fed up with listening to the same old tired argument the right wing always uses when opposing judicial nominees, i.e.

  • Sen. Jeff Sessions, the ranking Republican on the Senate Judiciary Committee, said senators “must determine if Ms. Sotomayor understands that the proper role of a judge is to act as a neutral umpire of the law, calling balls and strikes fairly without regard to one's own personal preferences or political views."

  • Senate Minority Leader Mitch McConnell (R-Ky.) – who voted against Sotomayor’s confirmation in 1998 — said Republicans will treat her "fairly” as they examine her record “to ensure she understands that the role of a jurist in our democracy is to apply the law even-handedly, despite their own feelings or personal or political preferences."

Well, what are the Courts if not a collection of personal preferences and political views? The constitution sets up the Courts to interpret the law as it applies to specific incidents and circumstances. By its nature, since a Court is made up of human beings and not automatons, their preferences and views are always going to be reflected in their decisions. What the right is really saying it is that we don’t agree with the preferences and views of nominees made by a Democrat and that we are afraid you will be Pro-Choice, Anti-NRA, and mess up the direction the Court was beginning to take with Dubya’s two nominees. Their argument is a glossed over generic statement that makes a good sound byte, but has no substance, which if you think about it is consistent with all their other arguments.


  1. Hahahaha, especially when you consider that most of the GOP justices legislate from the bench instead of interpreting the law even-handedly, this really is just another example of their hypocrisy.

  2. The real fear is not that a liberal supreme court will harm the country. It is that their hidden agendas will come to light and freedom at its most basic levels will return. Think about what just happened to credit card companies. I expect there will be a battle in the high courts to over turn this action and they fear a judge who would uphold the end of their era of greed.