Should Lady Justice Drop Her Blindfold
By Floyd and Mary Beth Brown, Expose Obama.com
As Barack Obama sees it, Lady Justice should be peeking out from underneath the blindfold when she makes legal decisions.
Lady Justice is often depicted wearing a blindfold. This represents the traditional American belief that all should be equal before the law. Justice is — or should be — meted out objectively, without bias, favor or fear, regardless of power, weakness or identity.
Barack Obama doesn’t agree justice should be blind. He looks to replace retiring Justice David Souter on the Supreme Court with a judge whom he says has “empathy and understanding.” Other criteria he wants in a jurist is “somebody with a sharp and independent mind “(code for a willingness to buck tradition), “and a record of excellence and integrity.”
In blunt words, he wants an activist judge. The term “judicial activism” first surfaced in a 1947 article written by Arthur Schlesinger, Jr. for Fortune magazine. He divided the Supreme Court Justices of his time into three groups based upon their level of activism: the Judicial Activists, the Judicial Self-Restrained, and those falling in the middle.
The Judicial Self Restrained are also called Strict Constructionists and they insist on a close reading of a document, whereas loose constructionists are open to self re-interpretation of terms so as to achieve, as they see it, the purpose of the document.
... During his campaign, Obama directly spoke about activist judges: “We need somebody who’s got the heart, the empathy, to recognize what it’s like to be a young teenage mom, the empathy to understand what it’s like to be poor or African-American or gay or disabled or old — and that’s the criterion by which I’ll be selecting my judges.”
... Liberal, subjective reading of the law allows for the courts to be a captive of public opinion. The genius of America’s founding was the protection of individual rights from the hysteria of the mob.
With President Obama’s appointees being activists on the Supreme Court, there is reason for concern. “Where typically Lady Justice is blind and only takes objective facts into consideration, disregarding the position and the opinions of those committing the crimes, she may now apply the law unequally and selectively,” said writer Thomas Landen. “Our societies subsequently risk losing an important principle of Western law, viz. equality under the law.”
Writer Thomas Sowell contrasts the empathy Obama seeks in his judicial appointees with the “rule of law” which he argues is critical to this country. Sowell argues, “[I]f someone was a member of groups of X, Y, or Z and they were to appear before a judge with empathy for groups A, B, and C, that would go against the idea of the ‘rule of law.’”
WHEN JUDGES DECIDE BASED ON THEIR EMOTIONS - OR CONNECTIONS - AND NOT THE LAW, THEN THERE IS NO LAW.
THERE IS - IN PLACE OF THE RULE OF LAW - THE RULE OF THE RULERS.
OF THE MACHINE: IF YOU ARE CONNECTED TO THE MACHINE THEN YOU WIN.
IF NOT???
YOU'RE FUC*ED.
THIS IS HOW IT WAS IN NAZI GERMANY AND THE USSR.
AND IT'S WHAT OBAMA HAS IN STORE FOR US - IF WE LET HIM.
DISSENT ACCORDINGLY.
I predict that in order to quiet the radical left who say he has not done enough of his agenda, Obama wills select one of the more radical justices from the Ninth Circus in Cali. God help us all.
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