Posted on 07/02/2007 1:27:02 AM PDT by Baladas
U.S. Chief Justice John Roberts pledged in his confirmation hearing to seek agreement among the Supreme Court's nine justices.
And like President Bush's second nominee to the court, Samuel Alito, Roberts said he would respect legal precedents set by previous courts.
So much for confirmation promises.
As it wraps up its second term, the Roberts court is sharply divided, with justices on the losing end of a string of 5-4 rulings expressing their frustrations from the bench.
Roberts, Alito and their conservative brethren have overturned legal precedents without so much as an explanation.
The result, made clear in rulings handed down this week and earlier, is empowerment for the powerful and callousness toward individuals.
The session will be remembered for a ruling that allows politicians, rather than women and physicians, to say whether a particular form of late-term abortion is appropriate.
The court's session will likely be remembered at election time for a ruling this week that could open the door for unions, corporations and other interest groups to spend unlimited amounts of money on ads meant to influence voters but thinly disguised as pronouncements on "issues."
Framed by Roberts as a victory for free speech, the ruling is a ticket for monied interests to drown out the voices of individuals and groups that heed campaign financing limits.
The court showed its disregard for fairness with 5-4 rulings that:
Made it much more difficult for women to sue employers for past pay discrimination.
Made it easier for prosecutors to choose juries predisposed to death sentences.
Said a missed deadline prohibited an Ohio inmate from reopening an appeal, even though a judge had given the inmate the wrong date.
The session was notable for questionable rulings that overturned established precedent.
The denial of the inmate's right to appeal flew in the face of a 45-year-old doctrine excusing people who missed court deadlines because of "unique circumstances."
And the campaign finance decision ignored a 2003 ruling, which recognized that some "issue ads" are campaign ads in disguise.
Changing times and attitudes can sometimes warrant breaking new legal ground. But respect for legal consistency demands an explanation from justices who abandon precedent. This court, in some important cases, failed to provide these explanations.
It comes as no surprise that Bush's justices have pointed the Supreme Court in a more conservative direction.
But Americans have a right to expect their highest court to rule on the basis of reason and fairness, not simply the muscle of a new majority.
The Chief Justice seems to be coming the latest whipping boy for the MSM and their ilk.
McCain-Feingold, gut it. The MSM had better get used to alot of 5-4 decisions that they'll be on the losing side of.
I wonder... what does the KC Star consider "fair and reasonable" about partial birth abortion?
What a bunch of whiners.
Screw the KCStar!
“I wonder... what does the KC Star consider “fair and reasonable” about partial birth abortion?”
They apparently don’t pay attention to the homicide that occurs when it happens......
"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus
They're going to try and stir up the left for the 2008 election by claiming that conservative judges are ruining the country.
The next president will be able to "solve" this problem, since there are likely to be vacancies to fill.
Interest groups? You mean when people with common interests get together and pool their resources to let their voices be heard?
Horror of horrors! Don't they know that's a right only for the liberal PRESS?!
"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus
Cry me a river liberals.....
I get almost all my news from the internet. I’ve stopped watching FNC because of the way they characterized (and still characterize) the illegal immigration debate as racist. I was watching today when Juan-what’s-his-name and Mara-what’s-her-name on Brit Hume called the opponents racists and no one challenged them. Right after that I programmed FNC off my remote.
Since he’s not to the Left of Souter, he’s Pure Evil.
This is what is called “political pressure on the court.”
Conservatives would do well to remember that they ARE susceptible to it.
But here, once again, we see a paper saying that just by making conservative choices, a judge is "out of control" instead of just having the guts to say "We're liberal so we don't like these choices, though of course he had every right to make them."
Where is the BARF Alert ???
Even though Bush has gone off the deep end with the illegal immigration problem, I am glad that he got both Alito and Roberts in the court. Both are young, and both are conservative.
OOooohhh, the poor babies. The best thing they can do to ease their frustrations is to resign, since none of them seems to want to die.
This article misrepresented every case.
How can one argue that he hasn’t sought agreement? He has found it with four other members, but failed to find it with the others. So be it. The objective of the court is to interpret the constitution as opposed to solving societal problems as claimed by the dems during his hearing.
The only way for lowly citizens to engage in this “so-called” speech about candidates is to pool their resources to buy time on issues relevant to them.
McCain-Feingold made that illegal.
It silenced the small guy.
Has anyone noticed George Soros and his ilk being silenced? Hardly.
Yes, and you know they've rolled over when the MSM refers their "growing" in office.
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