Friday, January 14, 2005

Justice Debate

I would like to make a little post regarding all the banter about the Scalia/Breyer debate that was had earlier today. Here's a link to the debate (hat tip to Powerline and Howard Bashman).
I read some of it and what Powerline had to say, and I'm appalled that a justice like Breyer is making pivotal decisions for the USA right now. What's all this malarky about conforming to the "enlightened opinion" as it exists in the world community?
Hindrocket makes it sould like Scalia wiped the floor with Breyer on this topic, and of Breyer, Michael Hertzberg wrote:
Breyer offered no coherent framework for making decisions on constitutionality, so his only justification was that it was generally educational to read what other smart people had to say.� He reminded me of a labor arbitrator I once appeared before, who, asked to interpret a collective bargaining agreement, pleaded, "Can't I just decide what's fair?"� Pathetic, really.
For those of you who are curious, here is a list of all current justices on the court and who appointed them. This should further prove that just because a Republican nominates a justice doesn't mean they are going to be heavy conservative, or even all think alike, as many decisions end up being 5-4.
Rehnquist (Nixon)
Stevens (Ford)
Scalia (Reagan)
O'Connor (Reagan)
Kennedy (Reagan)
Thomas (Bush Sr.)
Souter (Bush Sr.)
Ginsburg (Clinton)
Breyer (Clinton)

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