Supreme Court Pick Being Pushed By Democrats Thinks Policy Is Made In The Courts
The founders of America designed our system of government so that policy would be created by the representatives of the people/states in Congress, with the President’s approval (subject to Congressional override) needed before any given policy is made into law. The courts were intended to simply apply law created by Congress and approved by the President to a given situation.
But the courts have long since began to make policy on their own. The states were prohibited from making abortion illegal, for instance, not through a vote of Congress but rather through the arbitrary fiat of unelected judges. That’s now how it was intended to work. But it’s how liberals like it to work. Because it’s a lot easier to impose a liberal agenda through rulings of the court than it is to muster the sort of popular support it takes to pass policy through the legislative process.
One judge that certain Democrats are pushing for Obama to appoint to the Supreme Court (ostensibly because she’s of the right skin color, as if that were a legitimate reason to pick someone) is an outspoken proponent of the sort of judiciary policy-making I describe above. I give you 2nd Circuit appeals judge Sonia Sotomayor:
“All of the legal defense funds out there—they’re looking for people with court of appeals experience. Because court of appeals is where policy is made. And I know, I know this is on tape and I should never say that because we don’t make law. [Laughs] I know. I know. [Laughter] I’m not promoting it, I’m not advocating it, I’m…y’know.”
The sad thing is that even if Obama doesn’t pick Sotomayor, whoever he does pick will probably have the same feelings about the role of the court in policy-making. Even if it’s an unstated agreement.
