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“Protect-the-powerful jurisprudence.”

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From this morning’s Washington Post:

Edwards sounded troubled by what he has seen of Roberts’s record and said his former colleagues should press the nominee to explain his philosophy in greater detail. “Does Judge Roberts still hold today the views he promoted earlier in his career?” he asked, according to his prepared text. “Is Judge Roberts committed to implementing the radical ‘protect-the-powerful’ jurisprudence or does he recognize the claims of the powerless as well as the powerful?”

That “protect-the-powerful” jurisprudence which brought us Kelo?

In Chuck Schumer’s absurd list of questions he gave Judge Roberts, there is not a single reference to Kelo.

Senator Schumer’s long list of questions also did not ask the nominee about the Massachusetts Supreme Court’s decision in Goodrich v. Department of Health, which decreed that same sex marriage would be the law in that state, or the implications of of Goodrich for the federal Defense of Marriage Act (“DOMA”), evem though DOMA is being contested in the federal courts as a violation of the Constitution’s Full Faith and Credit clause and the guarantee of Equal Protection.

Of course Edwards, Schumer and other voices of the left in the debate over the courts don’t want to call attention to the decisions that deeply offend a large majority of Americans. But once again the leadership of the Democrats has blundered.

Judge Roberts will use the Ginsburg precedent and refuse to answer most of Chuck Schumer’s questions –as he should– but the GOP senators will no doubt ask their version of Schumer’s list, and that list will include Kelo and Goodrich and many other cases. Roberts will decline to answer those as well, but the point will not be that Roberts is consistent in his refusal to compromise the independence of the judiciary, but that the audience watching has much more to fear from Schumer style activism than from the sort of court that Schumer appears to fear.

The left never seems to understand that their grandstanding highlights exactly those qualities which most disqualify them from power. Schumer wants attention to his questions and the hearings in which they will be asked? We can only hope that all the networks give him gavel to gavel coverage.


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