What’s In The Heart Of A Supreme Court Justice Should Mean Jack Diddly Squat

by John Hawkins | July 18, 2007 8:04 am

Barrack Obama[1] showed the typical liberal lack of respect of the Constitution in talking about Supreme Court Justices,

“After a speech heavily critical of the new Supreme Court in front of a Planned Parenthood Action Fund conference in Washington, the presidential candidate said he would look into potential nominees’ hearts when deciding whom to select for vacancies in the country’s highest court.

“[Chief] Justice Roberts said he saw himself just as an umpire,” Obama said. “But the issues that come before the court are not sports; they’re life and death. We need somebody who’s got the empathy to recognize what it’s like to be a young teenage mom.”

Obama said that 95 percent of cases can be judged on intellect, but that the other 5 percent are the most important ones.

“In those 5 percent of cases, you’ve got to look at what is in the justice’s heart, what’s their broader vision of what America should be,” Obama said, adding that justices should understand what it’s like to be gay, poor or black as well.”

Actually, we don’t need Supreme Court Justices who have empathy for “young teenage mom(s).” They also don’t need to know what it’s like to be “gay, poor or black.”

The Supreme Court is not about feelings, empathy, or legislating from the bench. Instead, it’s about looking at the laws and deciding whether they’re constitutional. Assuming the law is constitutional, the judge should interpret the meaning of the law as best he can according to how it was written.

Taking the attitude of an “umpire” is perfect, because an umpire is supposed to be devoid of feeling. He doesn’t say, “Gee, this pitcher could get fired if he doesn’t win this game, so maybe I better give him the strike,” or, “This guy is a minority, so maybe I should call him safe rather than let this white guy tag him out.” The job of the umpire, just like the job of the Supreme Court Justice, is to be cold and impartial.

So, whose job is it to look out for the young teenage mom, or someone who is gay, poor, or black? It’s the job of the President and the legislature when they make the laws and then the American people will re-elect them or throw them out of office depending on how good a job they’re doing. If Obama understood and respected the Constitution, which apparently he doesn’t, he would get that.

Hat tip to Althouse[2] for the story.

Endnotes:
  1. Barrack Obama: http://thehill.com/leading-the-news/obama-vows-to-look-into-supreme-court-nominees-hearts-2007-07-17.html
  2. Althouse: http://althouse.blogspot.com/2007/07/obama-on-supreme-court-appointments-we.html

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