June 9, 2009

Trying to Dodge the Chrysler Debacle & Sotomayor

Call me an optimist. Hugh Hewitt wrote in his blog at Townhall today that he doesn't think there's backbone enough in the Supreme Court to block the Obamafication of the Chrysler deal to crank-shaft the secured creditors in favor of the UAW.

Hugh's a brilliant guy and makes great points. But I have to believe that based on the technical merits, the case, if taken before the Supreme Court could in fact be stopped. Not 'will be stopped', but 'could be stopped'. Justices Roberts, Alito, Thomas, and Scalia are solid originalists. Could Justice Kennedy be swayed not to vote with the liberal Justices? Possibly.

It doesn't mean anything to have a Supreme Court if they are swayed by political winds, or a press corps ready to savage them. They are supposed to be above politics and blind to anything but the proper interpretation of the laws of the land. They should not be swayed by feelings of political fear. Or empathy.

If you want to have a Supreme Court that falters or fails because they consider their own feelings, why have one at all?

Wait, what?

Otherwise you could just have vigilantes in the street running down a person of interest as described by police with respect to a criminal case, and beating him. Guilty? Maybe, but it doesn't matter. No courts are needed, never mind a Supreme Court.

Justice from the heart means an imperfect justice. It means bias will play a role in every decision. And if that's the case, those closer to the situation will 'feel' it more personally and keenly. No impartiality needed would inevitably lead to no court needed. Plain and simple.

Call me an optimist.

No comments:

Post a Comment

Disagreement is always welcome. Please remain civil. Vulgar or disrespectful comments towards anyone will be removed.

Related Posts Plugin for WordPress, Blogger...

Share This