Wednesday, May 27, 2009

Bronx Cheer

As a native of the Bronx, New York, I offer a shout-out to President Obama's nominee to the Supreme Court. She seems supremely qualified.

I find it interesting to read and listen to all the (largely uninformed) criticism of his selection, from both extremes of the political landscape, from people who do not have the level of understanding of constitutional law possessed by Obama.

I also find it amusing to hear conservatives rail at the power of "unelected" judges. Perhaps they should read or re-read as appropriate the Federalist Papers and the Constitution itself?

Another phoney conservative argument; we should only select federal judges who strictly interpret the Constitution rather than set policy or make laws. Strictly speaking, interpretation of the Constitution (strict or otherwise) often requires trying to apply murky language to new problems unanticipated by the Founding Fathers. Who themselves frequently were not of the same mind and therefore left some ambiguity in their wake.

When courts make rulings (i.e., set new precedents and policies) that favor business interests over the rights of the individual, conservative critics do not seem to complain.

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