Posted on 09/22/2020 8:54:38 AM PDT by karpov
Justice in Drag
Ruth Bader Ginsburg did a great many interesting and impressive things in her life, but she never did the one thing she probably really should have done: run for office. Ruth Bader Ginsburg wasn’t an associate justice of the Supreme Court — not really: She was a legislator in judicial drag.
You need not take my word on this: Ask her admirers. “Ruth Bader Ginsburg had a vision for America,” Linda Hirshman argues in the Washington Post. What was her vision? “To make America fairer, to make justice bigger.” That is not a job for a judge — that is a job for a legislator. The job of making law properly belongs to — some people find this part hard to handle — lawmakers. Making law is not the job of the judge. The job of the judge is to see that the law is followed and applied in a given case. It does not matter if the law is unfair or if the law is unjust — that is not the judge’s concern. If you have a vision for America, and desire to make the law more fair or more just, then there is a place for you: Congress. That is where the laws are made.
This distinction is an important one. As you may have noticed over the course of the summer, Americans do not agree on everything. Some of us have ideas about what is good, decent, fair, just, wise, intelligent, prudent, and necessary that are radically different from the ideas other Americans have about what is good, decent, fair, just, wise, intelligent, prudent, and necessary. Democracy is not good for very much, but democratic institutions are how we settle those disagreements.
(Excerpt) Read more at nationalreview.com ...
To “make justice bigger” can only mean to make government bigger.
And government is too big already.
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"Frankly I had thought that at the time Roe was decided, there was concern about population growth and particularly growth in populations that we don’t want to have too many of." - United States Supreme Court Justice Ruth Bader Ginsburg, quoted in Emily Bazelon, "The Place of Women on the Court" |
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You’re confused. Liberals can legislate from the bench, conservatives cannot.
Understand?
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As the season approaches, I’m reminded of one of my warmer Halloween experiences from a few years ago — beating a young lady in a black robe with RBG letters in a costume contest.
So, she cheated.
Like all modern leftist judges, she absolutely wanted to a lawmaker. And being a judge, by her premises for judges, was the right place to be.
A legislator may pass a law, but any judge can invalidate it. And any judge can write their own rules, with little or no likelihood of it being invalidated, except by another member of the judge-club.
It wasn’t supposed to be this way. But it sure has worked out this way.
Yes, “judicial review” and “abortion” don’t belong in the Constitution.
Oh, wait....
exactly
Good points. There would not be the battles over abortion that we’ve been having if the issue had been addressed in the State legislatures. The invention of law by judges is transitory. It can be reversed at any time.
The USSC should be determining matters of law. If they want to beat a drum for injustice there are plenty of examples. Like the 5 year prison sentences for storing Weed-B-Gon wrongly. There’s plenty of cruel and unusual penalties passed by legislatures every year. Any American commits at least two felonies every day unknowingly thanks to the overreach of State and Federal lawmakers. Maybe the USSC could address those issues rather than carrying water for Parties that can’t get their per legislation passed and signed.
They can’t get underground fast enough to suit me....27 years of stupid is enough!!!
So... what was YOUR costume??
Appropriately, Bob the Builder.
Great article!
- United States Supreme Court Justice Ruth Bader Ginsburg, quoted in Emily Bazelon, "The Place of Women on the Court"Adobe Acrobat file, The New York Times Magazine, July 7, 2009
- United States Supreme Court Justice Ruth Bader Ginsburg, quoted in Emily Bazelon, "The Place of Women on the Court"Adobe Acrobat file, The New York Times Magazine, July 7, 2009
OMG
Article is a refreshing contrast to Republicans’ usual compulsion to say nice things about leftist jurists who have spent years demolishing America from the bench. They did the same thing when Thurgood Marshall died. These jurists had their good qualities, but the damage they did should not be swept under the rug.
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