Wednesday, July 27, 2005

Checks? Balances? Fuck 'em!

Wow! Conservatives should be ecstatic about the John Roberts nomination! When the man says he believes in "judicial restraint," it seems that he might actually mean tying judges up and throwing them (and the entire justice system) into the freaking river. (Link via Atrios.)
Much of Roberts's time at the Justice Department was taken up by the debate over GOP-sponsored bills in Congress that would have stripped the Supreme Court of its jurisdiction over abortion, busing and school prayer cases. He wrote repeatedly in opposition to the view, advanced by then-Assistant Attorney General Theodore B. Olson, that the bills were unconstitutional. He scrawled "NO!" in the margins of an April 12, 1982, note Olson sent to Smith. In the memo, Olson observed that opposing the bills would "be perceived as a courageous and highly principled position, especially in the press."

Roberts drew a bracket around the paragraph, underlined the words "especially in the press," and wrote in the margin: "Real courage would be to read the Constitution as it should be read and not kowtow to the Tribes, Lewises and Brinks!"

The three appear to be to Harvard Law School professor Laurence H. Tribe, New York Times columnist Anthony Lewis and then-American Bar Association President David R. Brink, who opposed the bills.
How happy Cornyn, DeLay and the Stalin-loving wingnut Christians everywhere must be. Now, one would have to ignore this silly thing in order to justify stripping judges of their right to deal with certain issues--
Article. III.

Section. 1.
The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

Section. 2.
Clause 1: The judicial Power shall extend to all Cases in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority
--but I'm sure that we can all agree it's outlived its usefulness, right?


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