Tuesday, July 14, 2009

Sessions on the Judiciary

Senator Sessions' opening remarks are spot-on.

...I believe our legal system is at a dangerous crossroads. Down one path is the traditional American system, so admired around the world, where judges impartially apply the law to the facts without regard to personal views. This is the compassionate system, because it's the fair system.

...our legal system is based on a firm belief in an ordered universe and objective truth. The trial is a process by which the impartial and wise judge guides us to truth.

Down the other path lies a brave new world, where words have no true meaning, and judges are free to decide what facts they choose to see. In this world, a judge is free to push his or her own political or social agenda. I reject that view, and Americans reject that view

And he provides examples of the "brave new world" already in place.

--Judges have dismissed the people's right to their property, saying the government can take a person's home for the purpose of developing a private shopping center.

--Judges have, contrary to longstanding rules of war, created a right for terrorists captured on a foreign battlefield to sue the United States government in our own country.

--Judges have cited foreign laws, world opinion and a United Nations resolution to determine that a state death penalty law was unconstitutional.

Kinda looks like Sessions might have some concerns about the "rule of law," no?

I will not vote for, and no senator should vote for, an individual nominated by any president who believes it is acceptable for a judge to allow their personal background, gender, prejudices or sympathies to sway their decision in favor of or against parties before the court.

In my view such a philosophy is disqualified. Such an approach to judging means that the umpire calling the game is not neutral, but instead feels empowered to favor one team over another. Call it empathy, call it prejudice, or call it sympathy, but whatever it is, it's not law. In truth it's more akin to politics, and politics has no place in the courtroom.

Good points, Senator.

HT: PowerLine

1 comment:

Neo-Con Tastic said...

Sadly, that won't stop at least 10 pubbies from confirming her. This nomination is repulsive.