Kris:
!
! I would have preferred that the nominee be something other
! than Yet Another
! White Male. Diversity on the high court is extremely
! valuable, as we all
! view facts and truth through the prism of our own experience.
Eh.
I don't buy that. It is possible to reason without leaning on the
crutch of one's cultural upbringing, just as it is possible to assess
the quality of someone's thinking without paying attention to their
cultural ties----unless, as is too often the case, they wear them on
their sleeve and make them part of the discussion.
It is the mark of a great mind to see with, not through, one's eyes.
Seeing through our eyes we are able to make all kinds of seemingly
acceptable exceptions to otherwise clear rules, and see shadows of
penumbral nuances where really there are no such 'shades of gray'.
Seeing with our eyes instead helps us see through our even own biases
and assess more soberly the facts and the law.
As I see it, this is the crux of the debate between 'liberals' and
'conservatives' on judicial philosophy. Is it about perspectives and
opinions and feeling and intuition and a 'sense of fairness' and
consensus and balance...? Breyer represents this view more-or-less
eloquently. Or is it about jurisprudence, facts and the letter of the
law (like I it or not) as intended by the framers of the law, as the
Scalia's, Roberts, etc., contend?
Personally, I side with the latter. YMMV.
!
! A conservative was expected. I would have liked that
! conservative to be
! someone other than YAWM...
!
The court is not about cultural diversity, it is about interpreting
law. Any number of individuals from any number of cultural backgrounds
can properly interpret the law, and any number can paint their
personal opinions into it. I don't care what their color or sex is.
Really. I don't. I care about the philosophy.
Hence, I'll take an O'Connor any day over a Breyer, or a Clarence
Thomas any day over an O'Connor, a Janice Rogers Brown over a David
Souter. Etc.
! With Bush picking Miers, who was widely viewed as
! unqualified, it gives the
! impression that there are no qualified conservative women
! available for
! appointment to the high court. That's a huge slap in the face
! to the many
! women out there that could have filled that appointment and been an
! excellent choice.
I would have been perfectly happy with Janice Rogers Brown, or
Priscilla Owen, or any number of proven jurists who also happen to be
women. I liked Eric Estrada as well, and I hear it is significant that
he is a Hispanic. Yawn. But apparently they were simply too 'minority'
for the Democrats. Minorities with conservative views of the law! Why
how dare they! The ingrates! Don't they know they never could have
attained their positions without a liberal handout!
Bush's 'slap in the face' was to his base for ducking a hearing on the
real and weighty constitutional issues, or trying to, with the Miers
nomination. After such a masterful choice in John Roberts, no less!
Nice Southern drawl and being a member of the President's personal fan
club are great, if she could also articulate an intelligent judicial
philosophy. Obviously, she was getting bested by mediocrities like
Chuck Schumer and Patrick Leahy in their one-on-one sessions with what
should have been softball questions, and it was clear she couldn't cut
it, no matter how hard the President wanted it to be true.
Her being a woman had nothing to do with why those of us on the right
didn't like her as a pick. Lack of training and experience
specifically for the task of judicial analysis is what sank her
candidacy. As she made the rounds, it became painfully clear to her as
well. She had the class and humility to see the handwriting on the
wall, and despite Bush's often stubborn loyalty, fortunately dissuaded
him from pressing on in a useless fight.
I respect her for that, even though they had to put the fig leaf of
the principle of executive priviledge on the withdrawl, like no one
could see through it. They didn't think about that before? Right.
Anyway, we got the qualified nominee we wanted. Let the honest debate
begin.
- Bob
!
! -- Kris
! www.shamrocktrails.com
!
!
!
[excessive quoting removed by server]
©2005 Bob Calco |
