Originally a comment to the Daily Sally:
Exactly where is it written that Conservatives are barred from the court? Exactly where is it written that courts may freely disregard the text of the Constitution in pursuit of some amorphous "spirit?" Exactly how -- if unwritten spirit is suitable reasoning -- does one distinguish a séance producing "friendly" as opposed to "unfriendly" spirits? Exactly how -- if the text isn't a touchstone -- can one oppose a later court conjuring up the spirit of reversing old but erroneous precedent?
Your approach sanctifies your own opinion, while necessarily stripping any neutral basis on which the outcome and reasoning you demand could be defended. Put differently, your philosophy pre-supposes you rightfully may exclude mine--all while contending conservatives are hostile to individual rights.
While such syllogisms may suffice in a college dorm bull-session, don't confuse it with jurisprudence.
MaxedOutMama says, "A 'the right group should win' legal system equates to feudalism." Agreed. Though they claim to be "progressive," liberals actually push a paternalistic feudalism--taking America Back to the Future.
1 comment:
Nice post. The Alito circus is nothing more than a desperate, last-ditch grab at power - any power, however derived, however justified - by a failing party.
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