The Bow-Tied Blogger

The life and adventures of one soldier and his various journeys.

  Thursday, May 28, 2009

Well, for the uninformed, David Souter is retiring from the Supreme Court and President Obama gets to nominate a Justice. Something Clinton did not do in his second term, nor Bush in his first term. While I doubt his choice will face any real opposition, his pick concerns me, but so did his talk of judges with empathy. I don't want judges beholden to the demon of empathy, but judges who abide by the Constitution.

Now, a fellow at the CATO Institute, an organization I heavily agree with, speaks out.

I recall she made a comment about the Constitution as an evolving document, which is way too Brennanesque for my comfort. Ideologically, she replaces a liberal Justice so no shift in balance, but regardless of right or left, I want a Judge who is beholden to the Constitution as a static document, which can only be adjusted by a Constitutional amendment, not a Judge's empathy.

Of course she will be confirmed with no problem, but how will she rule?



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