Wednesday, March 23, 2016

The Supreme Court

10 days before the death of Justice Scalia, Chief Justice Roberts gave a speech at a New England law school. In that speech she deplored the actions of the Senate which increasingly has hyper politicized the "advise and consent" of judicial nominees, particularly to the supreme court. He said it diminished this stature of The Supreme Court and Intended to make it look like nothing more than a political partisan battling ground. He is of course right.

In a recent op Ed piece in the New York Times, a former legal ethics adviser to pres. George W. Bush stated that Merrick Garland is a nominee that Bush would've nominated. If you think about it, Garland is exactly the person who should now be same to the court. The court is divided four/ four, if not politically at least by ideology. A moderate like Judge Garland would provide perfect balance. That is to say, difficult questions would be resolved on the basis of legal analysis and not ideologically. This is exactly what reasonable rational people should wish for.

Among the frightening and distasteful things which would occur if Ted Cruz were to be elected president is that he would nominate and aggressively religious extremely right wing candidate. He has said so. That process would diminish the respect for the Supreme Court even more.

Not that anyone cares, but I was afraid Justice Roberts would be far to much to the right. And of course he is extremely that way. But, nothing in his record indicated any reason that he should not be confirmed. On the bench he is made many rulings that people like me disagree with. But he has acted as a principled legal analyst. It is disgraceful that Ted Cruz now criticizes justice Roberts is being too "liberal". That is utter nonsense and further evidence, if any be needed, of the unfitness of  Cruz to be even a senator, much less president.

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