Monday, January 09, 2006

Kennedy comes out lying

The confirmation hearings for Judge Sam Alito began today with opening statements, which were interesting to watch. Alito himself was excellent, and I was impressed with most of the Republican senators and their attempts to counter liberal talking points.

Schumer, Biden, Feinstein, and the other Democrats were mostly predictable. If you paid enough attention, you probably noticed that these senators essentially voiced policy concerns (a political matter) rather than speak of Judge Alito's commitment to the rule of law (a judicial matter), which is the main issue at hand. One senator said something like, "A judge must advance freedom," which is a bizarre claim. Ideally, the legislature will advance freedom with their laws, but a judge is bound to the Constitution and the rule of law, whether it ensures freedom or not. If the Constitution needs to be changed (for instance, to guarantee a woman's right to vote), it contains within itself a mechanism for such change. But judges have nothing to do with that.

The worst part of the first day was Ted Kennedy, who made at least one explicit lie in his unfounded attack on Alito.

Previous posts on Alito and the judiciary.

Meanwhile, Chuck Colson writes today about Roe v. Wade and stare decisis. Obviously, there must be respect for precedent, but bad precedent oftentimes must be overturned. Fidelity to the Constitution is what matters most.

Creative Commons License