In Search of Justice

Last Friday, President Obama made an unscheduled appearance during the daily White House press briefing to say that he had spoken with David Souter and announced to those assembled that the Supreme Court justice would retire this year.  Reporters interrupted their presidential swoon to feign surprise. What a spontaneous moment!  The president quickly whipped out a carefully crafted speech designed to fool us, again, and read it word for word. After praising Souter,  Obama indicated that he would seek a Souter-like replacement: “ I will seek somebody with a sharp and independent mind.” Yes Souter was an independent all right.   Trying to figure out where he would come down on an issue was a little like trying to decide if a roulette wheel would land on the red or the black.  One got the feeling that Souter’s judicial philosophy was looking to see which color was soaking up the smart money and going the other way. 

In 1990, he fooled President George H.W. Bush who thought he had nominated a conservative to the high court.  Did he also fool Teddy Kennedy and John Kerry who voted against him saying he was to the right of constructionist Robert Bork?  Ah, the senators did protest too much, methinks.

Souter began his Supreme Court career voting with conservatives but it wasn’t long before he began aligning himself with ultra liberals John Paul Stevens and Ruth Bader Ginsburg, who believe the constitution is little more than their personal blob of silly putty that can be molded and shaped for their own amusement.  Souter was so inconsistent that  he voted to override restrictions on abortion that earlier he had voted to uphold.

Saying Souther had a sharp mind was tantamount to calling an elephant who dips his trunk in paint and then sprays it on canvas, an artist. So what kind of person is Obama likely to nominate to the high court?  Here is what he said at that appearance last Friday:

“I view that quality of empathy, of understanding and identifying with people’s hopes and struggles as an essential ingredient for arriving at just decisions and outcomes. I will seek somebody who is dedicated to the rule of law, who honors our constitutional traditions, who respects the integrity of the judicial process and the appropriate limits of the judicial role.”

Did you get that? The second sentence is completely incompatible with the first.  They are polar opposites! So what kind of person is Obama really likely to nominate? When pressed during the campaign, Obama issued this statement through spokesman Tommy Vietor:

“Barack Obama has always believed that our courts should stand up for social and economic justice, and what’s truly elitist is to appoint judges who will protect the powerful and leave ordinary Americans to fend for themselves.”

On Sunday, Orrin Hatch, a senior member of the Judiciary Committee, appeared on “This Week.”  He had this to say about Obama’s most recent remarks.

“It’s a matter of great concern. If he’s saying that he wants to pick people who will take sides — he’s also said that a judge has to be a person of empathy. What does that mean? Usually that’s a code word for an activist judge. But he also said that he’s going to select judges on the basis of their personal politics, their personal feelings, their personal preferences. Now, you know, those are all code words for an activist judge, who is going to, you know, be partisan on the bench.”

Let’s go down that road.  Currently, one of the hottest legal battles involves the Minnesota U.S. Senate race between Norm Coleman and Al Franken.  Should that case ultimately be decided by the U.S. Supreme Court dominated by activist judges applying the Obama principles, here’s how it likely would come down. Coleman is an attorney.  Franken is a comedian.  Attorneys are over-represented in Congress.  Comedians are under represented.  Advantage Franken.

Coleman was a mayor and the former senator.  He had political power.  Franken has never held political office.  Advantage Franken.

Coleman is pro-life, pro-traditional marriage, favors the Iraq war, believes in holding the line against spending and the growth of government and has often clashed with unions, a group strongly aligned with Obama.  Franken is pro-abortion, pro-gay marriage and against the Iraq war so he is more closely aligned with Obama.   Advantage Franken

Forget the 4800 absentee ballots that have not been counted.  They are irrelevant.  Franken prevails! Take the blindfold off of Lady Justice.  Obama rules!

8 thoughts on “In Search of Justice

  1. You do not have to be a 30 year retired police officer to know that when you walk into a courtroom you walk into a dictatorship. A judges ruling stands unless or until it is overturned by a higher court. There is no higher court than the Supreme Court.

    Unfortunately Supreme Court justices are chosen more on the basis of political leanings than for their adherence to the Constitution making this the most dangerous dictatorship of all.


  2. Unfortunately Jane, justice is the eye of the beholder. The problem we have had with the Supreme court, or for that matter any court, is that they seem to perceive justice in their own eyes. One of Thomas Sowell’s columns this week talked about Justice Oliver Wendell Holmes and he included a story about Holmes and Judge Learned Hand which is telling of what a judge, in whatever position from municipal court all the way to the supremes should consider:

    “After a lunch with Judge Learned Hand, as Holmes was departing in a carriage to return to work, Judge Hand said to him: “Do justice, sir. Do justice.”
    Holmes had the carriage stopped. “That is not my job,” he said. “My job is to apply the law.”” (referring to Justice Oliver Wendell Holmes)
    Thomas Sowell (“Empathy” vs. the Law Part II ) May 8, 2009

    If only we could just get judges who were willing to apply the law, it would make no difference what their political affiliation was.


  3. It is unbelievalbe to me that Franken could win Minnesota but then a lot of things are unbelievable to me since Obama took office. His choice for a Supreme Court Justice will be dictated by his far left contingency to which he seems to bow more often than not. The experts tell us it won’t matter, this time, because Souter is more liberal than conservative. But what of the next two Jurists who will probably be coerced to resign before Obama can be defeated in 2012 or before the Republicans increase their numbers in 2010? We ain’t seen nothin’ yet! The worst is yet to come!


  4. At the very least, Obama should appoint a poor, black, jewish, lesbian school union member who has had an abortion and is about to have her house foreclosed on. With that done all of the special interest groups can be represented and the other eight can support the constitution.


  5. Jane,

    David Souter was quite possibly the worst Supreme Court selection ever submitted by a U.S. president. He had no paper trail in 1990 at the confirmation hearings, and he literally fooled everyone including liberals such as Ted Kennedy and John Kerry, as you noted. Souter fooled everyone, that is, but Warren Rudman, who had recommended him for the Supreme Court to John Sununu. Rudman reportedly disliked the Christian Right and Pat Robertson very much, and wanted to stick it to them. Rudman, apparently was one of the few at the time who knew that Souter was, in actuality, a closet liberal. Sununu in trusting Rudman, then recommended Souter to President Bush 41, and the rest is sadly history. Souter has truly been a piece of work on the Supreme Court, and he was so grateful to President Bush 41 for selecting him to the Supreme Court, that it has been reported that he seriously thought of quitting in 2000 when the Supreme Court ruled 5-4 that George W. Bush won Florida. If Souter had quit then, however, Bush 43 would have named a conservative to replace him, and this must have occurred to Souter, who for the life of him was bound and determined to always be completely worthless to conservatives on the Supreme Court. Souter has no conscience or manhood.



  6. I will leave it for all readers to identify which American founders spoke these words concerning our laws

    “Our citizens should early understand that the genuine source of correct republican principles is the Bible, particularly the New Testament, or the Christian religion.”

    “Where there is no law, there is no liberty; and nothing deserves the name of law but that which is certain and universal in its operation upon all the members of the community.”

    “All [laws], however, may be arranged in two different classes. 1) Divine. 2) Human. . . . But it should always be remembered that this law, natural or revealed, made for men or for nations, flows from the same Divine source: it is the law of God. . . . Human law must rest its authority ultimately upon the authority of that law which is Divine.”

    “The law . . . dictated by God Himself is, of course, superior in obligation to any other. It is binding over all the globe, in all countries, and at all times. No human laws are of any validity if contrary to this.”

    “The . . . law established by the Creator . . . extends over the whole globe, is everywhere and at all times binding upon mankind. . . . [This] is the law of God by which he makes his way known to man and is paramount to all human control.”

    “Democracy will soon degenerate into an anarchy; such an anarchy that every man will do what is right in his own eyes and no man’s life or property or reputation or liberty will be secure, and every one of these will soon mould itself into a system of subordination of all the moral virtues and intellectual abilities, all the powers of wealth, beauty, wit, and science, to the wanton pleasures, the capricious will, and the execrable [abominable] cruelty of one or a very few.”

    end quotes.

    So I have to point out that abandoning America’s foundations, and the lack of respect of God’s law by our current judges is the real problem here. Until we acknowledge God’s sovereignty and submit to His divine authority and law, we will only see things in our nation worsen, just as our forefathers feared.

    There will be no justice, until we are willing to submit to God’s justice.


  7. Jane,

    I look forward to watching the Conservatives giving President Obama a political spanking he will never forget! I am so tired of seeing these liberals having the time of their lives…their days of clowning around are numbered! Stuart Smelley al-Franken may think he’s Senator material, but to me, he’s the joker in a stack of cards (and I’m being very nice with my comment).

    By the way, for those of you who are reading Jane’s blo for the first time, I worked with Jane for a few years in radio, and she knows that I’m being quite reserved with my remarks, trying to stay decent by minding my manners. I am disgusted with every choice President Obama has made so far; Obama is on the path with Jimmy Carter’s failed policies, and will likely do worse.


  8. I’m currently reading: “The Nine – Inside The Secret World of the Supreme Court” by Jeffrey Toobin. If you have not read it, you should. I just reached the part where Republicans, desperate to control the court at all costs, shred our constitution, and convince the court to select George Bush as our president.

    The Justices, no sooner accepted Bush v Gore, when a vast wave of regret crashed down, tarnishing the halls of justice forever. Now that the shoe is nearing the other foot, with the possibility of a Coleman v. Frankin in the highest court, republicans are screaming foul. Typical! The word hypocrite could only have been formulated to describe Republicans and Evangelicals.

    We could not have a better example of why church and state should be separated, than the right-wing evangelical. These people believe they serve a higher power, and regardless of their actions, that they are on a divine mission from God. This is very dangerous and psychotic behavior. Tell me this: If God’s laws are so perfect, then why do we need secular laws?

    The bible fails miserably at anything but contradicting itself. There are countries that take their laws directly from the bible. They practice the barbaric ways of the Old Testament according to God’s law. God’s laws are shoddy at best. Most certainly a perfect law would never have to be changed, but this is not the case with God’s perfect laws.

    There’s nothing in the bible that wasn’t written by men, because the laws of the bible are just as imperfect as man. Christians can not even answer the sixth commandment: “Thou shall not kill” Killing only involves a fetus, as far as these hypocrites define it. War is just a hobby, and a great way to rob thy neighbor.

    I’m seriously enjoying seeing conservatives and evangelicals, grasping at straws. Americans finally had enough of their lies, and thievery. The secular movement is growing, and the religious power-hold on government is fading. Americans are waking up to the lies of these hypocrites. The number of atheists is increasing at a phenomenal rate today, as religion is exposed for what it is.

    The time has come to give the reigns to someone who is not infatuated with imaginary beings in the sky. And the time has come to let the constitution work for the people, as it has in the past. Everything great that has happened in America, from equality of race and sex, to protection of those fundamental rights, our forefathers spoke of in their Declaration of Independence, could not have happened if the constitution were not working for the people. Not in taking away from the people’s rights, as the right-wing evangelical so loves to do, but in expanding on the people’s rights.

    Perhaps a liberal court can return to us what the Bush administration stole from us. Were it not for the liberal court, we would still be living in the stone ages. This may be the conservative dream, but this is not what our forefathers dreamed of.


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