Wednesday, May 12, 2010

Role Playing

"In our constitutional order, justices are not on anybody's team. They have a very different role to play. As a Supreme Court justice, Ms. Kagan's job description would change dramatically. Far from being a member of the president's team, she'd suddenly be serving as a check on it. This is why the Founders were insistent that judges be independent arbiters, not advocates."
—Sen. Mitch McConnell

I get it! Democratic appointees should be blank-slate umpires, but Republican Federalist Society stalwarts should only claim to be dispassionate and non-ideological, when questioned by Democratic senators at their confirmation hearings.

1 comment:

  1. Mitch proves it again: The difference between politics and golf is character. Funny how this was not a deal-killer for Harriet Miers....

    Judges should interpret the Constitution, as opposed to serving as our Platonic Guardians. And while Scalia is a doctrinnaire originalist, he is less faithful to his originalism as Tiger was to Elin.