The High Court: A User’s Guide

And now the same four liberal justices have all voted that the death penalty for an adult's rape of an eight-year old violates the Eighth Amendment's prohibition on cruel and unusual punishment. If they had enough votes, they would do as a more liberal Supreme Court did before them and find that the death penalty itself violates the Eighth Amendment, despite the constitionality of the death penalty being acknowledged in the Fifth Amendment. I trust these results-oriented decisions and those who favor them will be at the forefront in this presidential campaign.

It has been the stated goal of the religious right to appoint conservative judges to overturn Roe vs. Wade for years. Bush is on board with this plan. Every single judge that Bush appointed to every single Federal bench that came open during his tenure was a right wing Christian conservative. The Democrats were stymied when the GOP controlled congress, and Bush got to appoint two right wing Supreme Court Justices.

First Bush appointed John Roberts to replace Sandra Day O'Connor when she stepped down. When Chief Justice Wm. Rehnquist died in 2005, Bush appointed Roberts as Chief Justice, and then filled O'Connor's empty chair with Samuel Alito. Both Roberts and Alito are Catholic, and both are outspoken against abortion.

Bush has appointed two of the nine Justices, including the Chief Justice. The current Supreme Court has been sharply divided on a number of high profile issues, including abortion rights, affirmative action, eminent domain, gay rights, the separation of church and state, sovereign immunity, and states' rights. The number of close votes in cases involving these areas suggests that a change of one or two key justices could completely shift the thinking of the Court on such issues.

Right now there are four Justices who are elderly and will soon either retire or die. The next President will get to appoint at least two new Justices. If the next President is McCain, those two will both be conservative right wing Christians. McCain has publicly PROMISED to do this, and explicitly said that his goal is to overturn Roe vs. Wade.

Most Americans, even most Republicans, value the separation of church and state. That clause is in our Constitution to protect us from exactly what is going on in America today! Allowing any religious group (especially a radical one) to control the interpretation and application of our laws in the highest court in the land is NOT democratic. Nor is it wise.


I don't care if you are a disappointed Hillary supporter or an undecided Independent or a life-long Republican or are pro-Obama. ANYONE, regardless of stripe, needs to vote against a candidate who had declared his intention of appointing partisan judges. Judges are supposed to be impartial. That is the basis of our legal system. Without that, you might as well live in a dictatorship, without recourse to law.

Lithwick,a legal leftwinger,wails over the absence of a firm leftofcenter,as opposed to a purely liberal Hugo Black/Thurgood-style court. Knowing that such a court would keep ROE intact,she angles for histronics in deigning to divine the moment of upcoming USSC cases in which she neatly deletes any mention of the 2nd Amendment. [Here,Lithwick is a predictable ''statutory''creature,as opposed to ''personal'']. Even abortion takes a back seat to guns in America,and who gets to own them.
Obviously,the ''rule of law''is a rather fluid thing. Lithwick had no problem with anti-abortion protesters being nailed with RICO violations when Clinton was president,a nonetheless gross violation of this ''rule of law'',made more so when the administrations law was later tossed out in a unanimous decision by the high court.
Certainly,if one were to look for Lithwicks judicial flavour,one would have to go no farther than the 9TH US. Based in San Francisco,it is the go-to court for leftwinged enviro and secular causes and as such,has the dubious honour of being the most overturned district court in American history. Do not seek legal illumination from a Lithwick. She is a partisan,and as such,is not to be trusted with such matters. Go here instead:

www.volokh.com [The VOLOKH Conspiricy. A legal blog made up of USSC clerks,judges,justices,lawyers,constitutional law scholars,paralegals,cops,in short,any and all things judicial,including incisive and probing examination of the latest federal courts arguments and decisions].

denmill,

Repeating your mindless garbage does not give it any more validity or intelligence. It was garbage the first time you posted it and will remain garbage every time you post it afterwards.

I think you meant four liberal leftists American haters not just four liberals. These so-called judges (liberal leftists) do not have a voice of reason, they are always on the side of anything that is anti-American including on the side of the 9-11 terrorists. do your homework!