Sotomayor Stinks -Obama Can Do Better

One of the people on top in the running to be the replacement for activist justice Souter is Sonia Sotomayor, a Federal judge who is, as we all predicted, most certainly not a white male.

Sotomayor is the sort of activist judge one would expect a Democrat President to select, and unsurprisingly, she seems to be on the short list for the job.

What Obama should think about before he makes this nomination is where activism has gotten the US Supreme Court in the past.

Abraham Lincoln fought a political war against the Constitutional experts of his day who sought to re-interpret the Constitution and Declaration of Independence. They believed that a “dead hand” ought not to rule modern people, and the Constitution had to be adapted to fit the times. These experts aknowledged that the Declaration of Independence with it’s “…that all men are endowed with certain unalienable rights…” clashed with the practice of slavery at the time. They simply argued that the signers of that Declaration had not lived in the moder, industrialized 1850s, where the American cotton crop was a massive source of foreign revenue. The signers had not understood the needs of a modern, industrial United States for cheap labor, and therefore, if they had known about the needs of the new generation of Americans, they would have written “…all white men are endowed…”

These men who wrote in scholarly publications, taught Constitutional issues in major Universities, and sat in Senate committees, represented a powerfully entrenched interest in the USA that always talked about how morally problematic slavery was, yet said that the country was stuck with it and the founding documents had to be adjusted to fit the modern times.

These men were solidly behind Richard Taney when he made the Dred Scott decision, consigning an entire swath of the American population to the legal status of things in the eyes of the law, and forcing such status on all states, even those that had been treating black Americans equally, even those that had given them voting rights.

These men were judicial activists. Lincoln, and the Abolitionist Republicans, were Constitutional originalists.

Now listen to the words spoken by Sonia Sotomayor in 2005;

Sotomayor is a judicial activist as well. She believes that a judge is effectively an unelected lawmaker. Now, I know from reading the Declaration of Independence that our founders would have been very uncomfortable with the idea of an unelected lawmaker, since a synonym for “unelected lawmaker” is “King”, and the majority of the Declaration is a litany of crimes committed by exactly such a person against the colonists.

It seems that judicial activism is always taking rights away, rather than guarding their freedom. Case in point; Roe Versus Wade. In that decision, it was decided that any human being under a certain age was not a human at all, but a part of the mother’s body and thus subject to termination at their whim. Where genetics shows us that a fetus is differentiated, biology shows us that organisms do not have to be able to survive on their own without a host of some kind to be classified as independent organisms, and also that organisms go through changes in their life cycles but remain the same organism. Science may demonstrate that a fetus is human, and if that is indisputable, then we must assume that humans in the USA are subject to rights such as life, liberty, etc. All that may be scientifically provable, but activists in the Supreme Court, once again, swept away the rights of an entire swath of our population, just as they did with Dred Scott. Now, a fetus is a “thing” and may be killed, just as Dred Scott was a “thing” that could be owned.

Judicial activism has a long, sordid history in this country, but I really would expect better than for a black American to side with the judicial activists who pushed for the Dred Scott decision rather than Lincoln and the Abolitionists. President Obama can do better than this. Let’s hope he thinks this one through before he hands the nomination to the Senate.

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~ by Jubal Biggs on May 7, 2009.

One Response to “Sotomayor Stinks -Obama Can Do Better”

  1. […] Original post by Jubal Biggs […]

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