Wednesday, May 27, 2009
Taking the Blindfold Off Justice
The shabby identity politics involved in nominating Supreme Court justices has just taken a large step forward, with Obama's naked pandering to "diversity" in nominating a hispanic female to the high court. Sonia Sotomayor may perhaps be the "best of the worst" from an originalist viewpoint, but someone who could even utter this phrase, "a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn't lived that life," should not be a judge of any sort, much less a SCOTUS justice. This is someone who, like Obama, wants to divide the nation into what are essentially artificial and superficial categories, and make substantive decisions based upon those categories.
A judge, of any court at any level, should have only one thing in mind: applying the law fairly, according to its meaning as it was commonly understood at the time of its enactment, without consideration of any party's race, sex, religion, or any other legally irrelevant quality. If some judges have not lived up to that ideal, the solution is not to throw judicial neutrality overboard in favor of a race or group-based activism which seeks the correct "compassionate" result regardless of the facts or law.
In seeing how blatant President Obama is being with playing identity politics with the SCOTUS, I recalled my disgust at President Bush for committing the same offense with the nomination of Justice Clarence Thomas.
Much as I admire Thomas and his consistent application of the original understanding of the provisions of the Constitution, the only sure interpretive method for avoiding judicial tyranny, it seemed beyond question that Bush was picking this man based in large part on his race and the perception that the "black" seat on the Court must be maintained.
E pluribus unum and the melting pot are quickly becoming the lost ideals of American society, to be replaced apparently with an incessant struggle among various identity groups for recognition and political power.