Eugene David ...The One-Minute Pundit |
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Tuesday, January 17, 2006
The latest argument is the new Chief Justice and his Justice-in-Waiting are stupid. We've heard many arguments thrown about like discarded toys to disqualify these men, but this is a first. With their JDs it is hard to believe they're stupid. But the hard-to-believe is a common commodity in the news biz.
Ay, but here's the real nub: In a provocative essay in the November 2005 Harvard Law Review, Richard Posner, a federal appeals court judge appointed by Ronald Reagan, makes an even more unvarnished version of that argument. Much of the high court's constitutional decision making, Posner asserts, is inherently political. That's why I call them the Nine Fingers; their decisions twist not-so-slowly in the wind of public fickleness. That's why you may want a liberal judge, and I a conservative; we agree with their politics. Of course the more we decide we want our favorite flavors on the court the less likely we'll have real justice. And that requires less thinking than Winnie the Pooh -- or a newspaper colyumnist.
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