ebrown_p wrote:I strongly disagree Joe -- especially when it comes to the Supreme Court.
The Supreme Court should be seen as impartial. The closest we can get is to ensure that justices are not strongly feared by a large segment of society.
I agree that the justices should be seen as impartial when they are on the bench, but the nomination process shouldn't be impartial -- it wasn't designed that way. The constitution, by having the president choose and the senate confirm judicial nominees, contemplates that federal judges will, in an indirect fashion, reflect the wishes of the voters. If Bush is nominating conservatives for the bench, that is a direct (and predictable) result of Bush being elected president.
ebrown_p wrote:The filibuster means that even when the conservative Republicans are in control of both the executive and legislative branches of the government, there is still a check on them appointing political idealogues the the Court. Likewise when liberal Democrats are in control, there will be a check on them.
There are enough checks and balances built into the system already. There is no reason why a minority party should have any additional power to impede legislation. It's a minority party for a reason: it's not as popular as the majority party. Why should it be able to thwart the majority's wishes through what is, after all, a legislative "glitch?"
ebrown_p wrote:The filibuster doesn't mean that the minority Democrats can appoint liberals to the Court. It means that they can block the radical ones (like Alito) while accepting those who are Conservative, but reasonably acceptable to all segments of society.
The filibuster can be used to block anyone, even respectably moderate nominees.
ebrown_p wrote:You can argue whether the moderating influence on judge selection from the filibuster is worth the political machinery. I say the end result of the ability of the minority party to filibuster is more moderate judges from both sides-- and this is a good thing.
The people who voted for George W. Bush didn't want more moderate judges. If they had, they wouldn't have voted for Bush, who made it very clear in his campaigns that he would nominate judges just like Alito.
ebrown_p wrote:Disagree if you must, but your reasoning ignores the obvious effect of the filibuster which is pressure for judges who aren't on the fringes. It seems clear the result will be judges that are more acceptable to a larger swath of the American political landscape.
The constitution never guaranteed that judges would be acceptable to the largest swath of American voters, it just set up a process whereby judges who were presumably
sympatico with the majority of voters would be nominated and confirmed.
ebrown_p wrote:Over 59 million Americans did not vote for George Bush.
Yeah. They lost.
ebrown_p wrote:Many, if not most of us list fears over a radical supreme court as the reason why. We largely accepted Roberts. However, Alito is exactly what we feared. A two percent electoral majority would seem to suggest a more moderate choice.
The drafters of the constitution, in their infinite wisdom, set up a process whereby the voters tend to get the judges that they want. More to the point, they tend to get the judges they
deserve.