Saturday, November 29, 2008

Obama's Judges

One of the main reasons for my concern with the presidency of B. H. Obama, had to do with the appointment of judges. The Supreme Court has five justices that are older than seventy. However, appointments to the Court of Appeals, is where the real impact will be felt. Obama has offered an insight into his philosophy when he stated:

"And in those circumstance what I do want is a judge who is sympathetic enough to
those who are on the outside, those who are vulnerable, those who are powerless,
those who can't have access to political power and as a consequence can't
protect themselves from being dealt with sometimes unfairly, that the courts
become a refuge for justice."

This statement represents a demagogic logic that endangers judicial rationale. If we are to have a government with checks and balances and separation of powers, presidents should appoint judges who will interpret the law and not legislate from the bench. It is not the job of a judge to decide to right the wrongs of society because of sympathetic views towards the vulnerable or powerless. This role should be on the shoulders of the legislature.

The assumption that the powerless are right by the mere fact that they lack power is ridiculous and dangerous. Every totalitarian regime has used this view to justify the obliteration of opposing views.
Obama has not become president yet, and I am willing to give him the benefit of the doubt. But the more I learn about him, the more I worry.

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