Radio host extraordinaire
Hugh Hewitt
had a grand old time Wednesday making fun of Sen. Barbara Boxer’s (D-CA) remarks
about the Roberts nomination. He likes to joke about her limited mental capacity. As a lawyer and
a former White House aide, maybe he’s got the right to do so.
But let us be serious
for a moment. The advantage of politicians that cannot keep too many thoughts in their heads is that
they give us the straight scoop. And Senator Boxer tells us very clearly what she believes and what
she fears in the slow conservative takeover of the court.
The first thing to notice is the expansive list of issues that Boxer feels that the Court is there
to decide. Said
Boxer:
Judge Roberts could go down the same independent, non-ideological road
as Justice O’Connor, or he could join with the right-wing block on the Court which has
consistently expressed the belief that a woman’s right to choose isn’t guaranteed, nor is
the federal government’s ability to protect workers, the environment, and a family-friendly workplace.
Senator Boxer went on to complain that the President had made a “ground-breaking appointment, you know, of a woman, of a minority,”
and went on to talk about how young girls used to ask her how they could get to where she was, how they
could make it in a man’s world.
Senator Kerry, of course, is smoother. He felt that
the Senate must learn whether [Roberts] has clear consistent principles upholding Constitutional
standards like civil rights and the right to privacy in Roe v. Wade.
We know what they want. They want the Supreme Court to defend the high tide of the liberal agenda, at
all costs, whatever the American people think, and whatever the American people want.
Some of us believe that the job of the Supreme Court is to decide constitutional questions, and that
the big problem with recent court jurisprudence is its appetite for getting involved in
issues that are not strictly constitutional. By deciding issues on constitutional grounds it
elevates them into constitutional issues, and removes them from the arena of normal
legislative action.
Government is a blunt instrument, the agent of force and compulsion. The wise man resorts to
government with hesitation. It has turned out that the Supreme Court has become the bluntest instrument
in the tool cabinet. Its headline decisions on race, abortion, school prayer, and property rights over the past
half century have not settled
questions but created new political movements instead. A court decision that aims to make a big splash, especially
when it conjures new constitutional principles out of thin air, reflects the decay of the aristocratic
branch of government into mere oligarchy. It is not government by the best, but government by the few.
If you want to settle things, have an election.
Some of us believe that this habit of the Court to interfere in political questions is one of the driving forces
in the culture war. Some of us also believe that this habit has been a boon to
the conservative movement and the Republican Party as each liberal “social gain” decided
by Supreme Court fiat has driven a new platoon of Democrats out of the party and eventually into the
Republican Party.