[GCFL-discuss] Supreme Court (groan)

Discussion of the Good, Clean Funnies List gcfl-discuss at gcfl.net
Sat Jul 2 19:28:34 CDT 2005


I would like to submit one very simple principle for nominations and
confirmations to the United States Supreme Court:

No person who has taken a public position that any precedent of the
Supreme Court must be retained without change, or must be overturned, is
qualified to sit on the court.

That means, e.g., that any lawyer who has actively worked to promote,
retain, expand, or aggressively apply, Roe v. Wade, should not be on the
court, they too should continue to serve in the advocacy bar.

Likewise, e.g., any lawyer who has actively worked to overturn, curtail,
denounce, or find a way around Roe v. Wade, should not be on the court;
they too should continue to serve in the advocacy bar.

If nominations and confirmations are all about how a justice will vote on
this or that pet issue, then we as a people and a nation have already
lost. The court by definition is no longer an independent arbiter and
guardian of the supreme law of the land, but a pliant instrument blowing
in the winds of political preference.

The first thing all the advocacy groups "gearing up" to demand a justice
exactly to their own petty preference should do is shut up. All of them.
>From every viewpoint. Nobody will have any good reason to respect a court
assembled by catering to such a debate. Fat chance they WILL shut up, but
let's shame them a little by pointing out how good it would be for the
country if they did.

Siarlys
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