There’s an interesting if rather left-leaning piece in today’s WaPo Outlook (shock of shocks…) and it recounts how the Supreme Court narrowly avoided thwarting the will of Saint Franklin and his push to socialize America.
The purpose of the screed is to make us all comfortable with the notion that biography is all that matters when we speak of a Supreme Court justice. Hence Bronx girl Sonia is just what the new socialist doctor ordered. The author of this nonsense gives away his lefty tendencies with this piece of loveliness:
Chief Justice John G. Roberts Jr., the son of a corporate executive who has consistently ruled in favor of corporate defendants against individual plaintiffs, has shown how biography can be jurisprudential fate. His court may well have the opportunity in a depressed economy to strike down far-reaching laws enacted by a lopsidedly Democratic Congress and a popular Democratic president. Already there are murmurings of another court-packing venture if the Roberts court tramples on the electorate’s will. (emphasis added)
That scurrilous Roberts, being a son of a bitch, er, son of a corporate executive. How dare President Bush elevate such a man as this to the Supreme Court.
As for how the Roberts court “tramples on the electorate’s will,” that’s perhaps best left in the fiction section. The point of lifetime appointments for justices to the Supreme Court is precisely to insulate them from the will of the electorate. There are already two of three branches of government that are elected by the will of the people. The founders clearly intended to have the Supreme Court as a brake on popular democracy, lest it careen too far into the wilderness. On either side of the political spectrum.
Leaving aside, of course, that the Roberts court somehow does “trample” on that will. That’s hardly clear; so far the court under Roberts has continued pretty much as it had under Renquist, with 5-4 decisions favoring the center-right. Ho-hum.
Note as well those “murmurings of another court-packing venture.” Perhaps; I’m not plugged into the murmurings circuit. But it would not surprise me about the Obama administration. Nothing seems to get in their way when it comes their attempt to remake us into the Socialist States of America.
Think this is hyperbole? A year ago, what would you have said about the U.S. government owning General Motors? Or squandering a neat trillion on a pork-laden “stimulus” package that does anything but. Or imposing economically stupid fuel efficiency standards on a domestic auto industry that is already on life support. Or on its plan to shove socialized medicine down our throats (open wide). Carbon cap-and-trade? Carbon dioxide regulation as subject to EPA’s unelected idiots? Dozens of White House “czars” over and above overstaffed Federal departments, bureaus, and agencies to deal with the same issues? Etc etc etc…
The author of the Post piece clearly seems to believe that the Supreme Court should reflect the politics of whichever administration comes into power, from day one. Of course, this only applies to an administration attempts to rule from the left.