God Rest Ye, Merry Gentlemen - Jars of Clay - listen now

Monday, December 4, 2006

The Scariest Supreme Court Justice

Who might that be you ask? Scalia? Alito? Roberts? Noooooooope. In my opinion it's Justice Stephen G. Breyer. Why? Read this article and then ask me that. Here are couple of quotes from the honorable, but wrong-headed, Justice Breyer (a Clinton appointee, by the way):
Justice Stephen G. Breyer says the Supreme Court must promote the political rights of minorities and look beyond the Constitution's text when necessary to ensure that "no one gets too powerful."
No one except the Supreme Court that is...
"We're the boundary patrol," Breyer said...
In his interview, Breyer argued that in some cases it wouldn't make sense to strictly follow the Constitution because phrases such as "freedom of speech" are vague. Judges must look at the real-world context — not focus solely on framers' intent, as Scalia has argued — because society is constantly evolving, he said.
Now, I'm not necessarily a "strict constructionist" like Scalia (though I do lean heavily that way), but what Breyer is saying sounds to me a lot like throwing out the Constitution whenever it doesn't suit "modern sensibilities." Remember too, that Justice Breyer is a proponent of using international law as precedent and to interpret the U.S. Constitution. That's not the way it works. I think it's time for someone to retire to Arizona or Florida and play golf, rather than legislating from the bench.


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