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Daily Archives: May 2, 2009


Obama’s Requirements For SCOTUS

This guy was a Constitutional Law professor?

Yesterday, Obama laid out these requirements for the replacement for Justice Souter:

I will seek someone who understands that justice isn’t about some abstract legal theory or footnote in a case book. It is also about how our laws affect the daily realities of people’s lives — whether they can make a living and care for their families; whether they feel safe in their homes and welcome in their own nation.

I view that quality of empathy, of understanding and identifying with people’s hopes and struggles as an essential ingredient for arriving as 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.

Jennifer Rubin, at Commentary, makes the following point:

The making of laws, which is a legislative function, is all about “the daily realities of people’s lives — whether they can make a living and care for their families; whether they feel safe in their homes and welcome in their own nation.” Federal judges decide what those laws mean and whether they conflict with the Constitution.

So it would seem that, as with many on the left, Obama is seeking someone who would be more comfortable in Congress and would certainly be seen as a “activist” justice appointed to legislate from the bench.

Rubin also deftly identifies the real meaning of Obama’s use of the word “empathy” :

You see, empathy is a code word for favoring criminal defendants, plaintiffs, labor and other groups which happen to match up with the liberal policy agenda. It’s a peculiar sort of empathy, otherwise known as bias for litigants based on their identity rather than the merit of their claims.

I believe she’s exactly right – what Obama has outlined as his requirements for the position is a liberal’s wet dream come true but completely confuses the role of the court, judges and legislators to the detriment of the citizens of the United States.

Unfortunately, due to their own failings, about all Republicans can do is, as Martin McPhillips said, whoop, holler and dance around the rim of the volcano for a while. That’s a pity, because given the “requirements”, this and subsequent appointments to the SCOTUS may be critical to our survival as a relatively free people.

~McQ


Military Commissions Back On The Table For Gitmo

Sometimes, watching this circus of the Obama administration, you just have to shake your head and laugh a bit, even if the laughter is rueful:

The Obama administration is moving toward reviving the military commission system for prosecuting Guantánamo detainees, which was a target of critics during the Bush administration, including Mr. Obama himself.

Officials said the first public moves could come as soon as next week, perhaps in filings to military judges at the United States naval base at Guantánamo Bay, Cuba, outlining an administration plan to amend the Bush administration’s system to provide more legal protections for terrorism suspects.

Continuing the military commissions in any form would probably prompt sharp criticism from human rights groups as well as some of Mr. Obama’s political allies because the troubled system became an emblem of the effort to use Guantánamo to avoid the American legal system.

The more this crew gets into the weeds concerning Gitmo, the more they seem to validate all the moves Bush made.

I’m sure it’s a bit maddening for them.

Officials who work on the Guantánamo issue say administration lawyers have become concerned that they would face significant obstacles to trying some terrorism suspects in federal courts. Judges might make it difficult to prosecute detainees who were subjected to brutal treatment or for prosecutors to use hearsay evidence gathered by intelligence agencies.

That was the Bush administration argument for some time. Congress passed legislation to enable it, the SCOTUS shot it down and told them how to fix it and Congress did, only to see SCOTUS change its mind and shoot it down again.

And, of course, that made it very easy to denounce from the campaign trail. But now the reality of governing intrudes:

Obama administration officials — and Mr. Obama himself — have said in the past that they were not ruling out prosecutions in the military commission system. But senior officials have emphasized that they prefer to prosecute terrorism suspects in existing American courts. When President Obama suspended Guantánamo cases after his inauguration on Jan. 20, many participants said the military commission system appeared dead.

But in recent days a variety of officials involved in the deliberations say that after administration lawyers examined many of the cases, the mood shifted toward using military commissions to prosecute some detainees, perhaps including those charged with coordinating the Sept. 11 attacks.

“The more they look at it,” said one official, “the more commissions don’t look as bad as they did on Jan. 20.”

Heh … what a surprise.

And this:

Administration officials said Friday that some detainees would be prosecuted in federal courts and noted that Mr. Obama had always left open the possibility of using military commissions.

… is pure and unadulterated BS.

Still, during the presidential campaign Mr. Obama criticized the commissions, saying that “by any measure our system of trying detainees has been an enormous failure,” and declaring that as president he would “reject the Military Commissions Act.”

But according to both Sec. Gates and AG Holder, military commissions are still very much on the table, because, as Holder said:

“It may be difficult for some of those high-value detainees to be tried in a normal federal court.”

Gee — I wonder who else’s administration said that?

~McQ

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