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September 28, 2005

A look at SCOTUS from downunder

An Aussie wonders about all the fuss about Roberts

If ever one is tempted to question the progressive orthodoxy that says every sophisticated country needs a bill of rights, it is right about now. When you contrast the bedlam unfolding over empty seats on the US highest court with the smooth, untroubled, barely noticed appointment last week of Susan Crennan to our own High Court, the lesson is clear. Why politicise our courts?
...
With no disrespect, Crennan's appointment has already passed from newsprint to fish wrapping. And that is a very good thing. Why? Because in Australia, to the chagrin of many legal activists, most of our judges do not prance around as politicians in legal drag as they do in the US.

But it cannot remain that way if you hand sweeping power to judges in the form of a bill of rights. Give judges a mandate to make what they will of the vague and general platitudes found in your standard bill of rights and they will end up making sweeping political decisions.
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That's why the Senate Judiciary Committee questioned Roberts for nearly 20 hours on all the hot-button issues. Last Friday he cleared that hurdle, only to face a full Senate vote this week where Democrat Senator Hillary Clinton has vowed to vote against Roberts for failing to present his views "with enough clarity and specificity".

In other words, Clinton wants a judge who will clearly and specifically endorse her Leftist agenda. The fear is that Roberts may help roll back some of the more blatant attempts at judicial law-making on the basis that those decisions might reflect the personal agendas of certain judges, but they sure don't reflect the wording of the US Constitution.

h/t Angry Clam at Patterico

Posted by Darleen at September 28, 2005 09:53 PM

Comments

That's an interesting opinion. I had not thought of that but I still the Bill of Rights is not the problem. The probem is judges prancing around "as politicians in legal drag."

Posted by: PatC at September 29, 2005 07:15 AM