Tuesday, October 18, 2005

Scientist or Novelist?

As the debate over Harriet Miers rages on, damning information continues to come out. Today, Arlen Specter reports that Ms. Miers is a supporter of Griswold, arguably the worst decision the Supreme Court has ever made. Griswold is based on judicial creativity, not rigor. The seven Justices who constituted the majority were novelists who cast aside the solid information before them, the written Constitution, in favor of their own whims.

Supreme Court Justices are called to be scientists. There is a right answer in every case, and it is their job to sort through the dense details to ascertain the proper ruling. Miss Miers is clearly unable or unwilling to engage in such rigorous activity. Instead, she endorses the theory of substantive due process, which absolves the Supreme Court of its solemn duty to apply the Constitution as written and usurps the power of legislatures to determine the rights of individuals and legislatures through duly enacted laws, including the Constitution.

Once again, I repeat that President Bush pledged to nominate justices in the mold of Scalia and Thomas. Both have rejected this theory in no uncertain terms, instead opting to be faithful to the text of the Constitution. Miers is not in that mold, and anyone who says otherwise is either dishonest or foolish. It is time for the President to withdraw this nomination. (Hat tip to Andrew at ConfirmThem, who has now come into the light.)

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