Saturday, October 08, 2005

More salve for the Miers-afflicted conservative soul

My other favourite columnist, Thomas Sowell has an excellent article available here. The upshot is: Miers may not talk like Scalia (or Thomas), but she just might vote like him, and that would be good enough; and considering how panty-waisted some Senate Republicans are, Miers is the best he can do right now. I agree, but am deeply concerned that she (and/or Roberts) will vote very much unlike Scalia (or Thomas). Just have to wait and see, I guess.

What is it about the Supreme court (of the last thirty years, anyway) that seems to be several degrees to the left of the average president who appointed them? For instance, if you have six Republican-appointed justices, youn usually have 5-4 or 6-3 leftist rulings. If you have seven Republican-appointed judges, as was the case before the recent departures and will be the case after Miers (or whoever is confirmed by the Senate) is sworn in, you have a shot at Constitutionally sound rulings (5-4), but as we see all too often, there is no guarantee even with seven Republican appointees, and sometimes there is still a 6-3 ruling against the clearly worded text of the Constitution. So with Miers, if we're lucky, we're looking at a good shot at some good 5-4 rulings, and probably some bad ones too, depending on whether AK gets up on the right or left side of the bed on the morning of that particular ruling.

So how can good presidents (Reagan comes to mind) appoint such bad SCOTUS justices? Why, if the country votes for the right-side presidential candidate, do we get left-side rulings from the High Court made up of their appointees? I think it is probably similar to the reason that the most educated people (the faculty at Ivy league schools) have and support some of the stupidest ideas in the world. I'm not an expert at such things, and I have no idea how the two could be related, but I'll mull it over, and I'll get let you, my readers, know if I have any brilliant insights into this mystery.

SRS

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