supreme court

Time for the GOP to adopt the "Schumer Doctrine" on judges

It seems that every time we have a contentious judicial nomination process, especially for the Supreme Court, a great fuss is made over not asking certain questions.  More to the point, we're told that nominees should not answer questions that could disclose how they may rule on certain issues in the future.


The problem with this notion is that the federal judiciary has grown ever more powerful over the years versus our other branches of government.  Further, the Supreme Court is held to be the final arbiter of what the Constitution actually "means" at any given point in time - information that's surely useful to the people that document is meant to govern.

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Sotomayor's problems on gun rights and abortion

It seems that the more information that becomes public on Sonia Sotomayor, the more cause for concern Americans would seem to have about the possibility of her sitting on the highest court in the land for a lifetime appointment.

During the past few weeks, she's made the rounds in the Senate, paying courtesy calls to various senators so they can "get to know her".  Of course, this is part of the usual PR plan for pretty much every Supreme Court nominee, regardless of party.  But as she's made these visits, she appears to be raising some eyebrows on some pretty important issues.

When it comes to gun rights, she seems to have some hostility to the Second Amendment, or at least the way in which the vast majority of Americans interpret it.

After her meeting with Senator Jim DeMint, he stated that she was "unwilling to say the Second Amendment protects a fundamental right that applies to all Americans, which raises serious questions about her view of the Bill of Rights".

Indeed, in the case of "Maloney v. Cuomo", she and her fellow appellate court judges ruled that the Second Amendment doesn't apply to state or local governments - an opinion that's in direct contrast with the view of the current Supreme Court in last year's "Heller" case, where it ruled that the Second Amendment provided all Americans with an individual right to keep and bear arms.  Given that the case was decided by a one vote margin, her thinking on this issue is very, very important.

Republican opportunities in the Sotomayor nomination

When it comes to the confirmation process for Supreme Court nominee Sonia Sotomayor, Republicans have an opportunity to do something that would benefit both themselves and the nation.   That is, they should use the process as a chance to hold forth on the meaning of the Constitution and the proper role of the judiciary in our political system and society.

Three main areas are ripe with opportunity for Republicans if they have the nerve to play hardball.

First, the notion that "empathy" should play any role in American justice.

Obama previously stated that he wanted judges that had "empathy" when it came to how they made their decisions. But empathy is merely a euphemism for justifying politically liberal results.

President Obama selects an extreme left-wing partisan for Supreme Court

As expected, President Barack Obama went far to the left to select, as his first Supreme Court nominee, Sonia Sotomayor, an Hispanic left-wing extremist. As Supreme Court watcher Tim O'Brien said this morning, Judge Sotomayor will be the most liberal justice on the U.S. Supreme Court.

Judge Sotomayor laughingly told an audience that we make policy from the bench which should satisfy the president's desire to have judges make their decisions based on empathy and not on the law. However, the symbol of justice in America is blind-folded which means that justice is blind and decisions by judges should be based on the law and not on emotions.

Right out of the box, contrary to the president's campaign promises -- to govern from the center, to reach out to his opponents, to establish a post-partisan presidency -- Obama has broken those promises and his Supreme Court selection is the latest example of his administration governing from the extreme left.

Judge Sotomayor, who has been an appeals court judge for about ten years on the 2nd U.S. Circuit Court of Appeals, had a high profile role in an affirmative action case involving white firefighters who were passed over for promotion in favor of minority candidates who were less-trained.

Supreme Court comes down on side of children

This time the United States Supreme Court came down on the side of children in America.  Tuesday, in a narrow 5-4 decision, the Supreme Court ruled that broadcasters who use indecent and vulgar language can be punished by the Federal Communications Commission (FCC) even if the swear words used were not in the script.  David Souter, whose resignation this coming summer was announced yesterday, of course sided with the 3 other liberals against America's children.  

In writing for the majority, Justice Antonin Scalia said:  "The commission could reasonably conclude that the pervasiveness of foul language, and the coarsening of public entertainment in other media such as cable, justify more stringent regulation of broadcast programs so as to give conscientious parents a relatively safe haven for their children."  Justice Scalia was joined in the majority by Chief Justice John G. Roberts, and Justices Clarence Thomas and Samuel A. Alito, Jr., and for most of the decision, Justice Anthony M. Kennedy.  

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Bush 41's biggest mistake: David Souter

The United States Supreme Court announced tonight that one of the most left-wing justices on the Supreme Court in decades, David Souter, is retiring from the nation's top court this summer.  Non-court watchers if asked if they knew which president appointed Souter would probably say Jimmy Carter or Bill Clinton.  Not even close. 

David Souter, from New Hampshire, was described by former Governor and former presidential chief of staff, John Sununu, now Chairman of the New Hampshire Republican Party, as a man as conservative as "you and I" when describing him to conservative Americans to reassure them that Souter would vote like Sununu, for example.  Governor Sununu was chiefly responsible for recommending David Souter to the president he worked for, George H. W. Bush.  Mr. Sununu assured President Bush and his fellow conservatives that David Souter would be a "home run" for conservatism.  

If you ask any conservative what was Bush 41's biggest mistake he will --  in the vast majority of cases  --  say "David Souter."  It was even a more gigantic a mistake than Bush 41 breaking his "Read my lips:  no new taxes" pledge in his 1988 presidential campaign.  The reason is, the decisions made by a U.S. Supreme Court justice affect Americans for decades.   

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