Monday, May 4, 2009

In what world...


Over at Heritage they are talking about Obama's possible nomination

Obama’s Outcome Based Jurisprudence:

Following the news that Justice Souter will be retiring this summer after the Supreme Court’s present term ends, President Obama dropped into the White House briefing room this afternoon and commented on how what he will be looking for in a replacement. Unfortunately, his remarks were in keeping with his prior statements during the campaign and when he voted against the confirmation of Chief Justice John Roberts. His words should upset Americans who overwhelmingly want justices who recognize their responsibility and duty to adhere to the Constitution and to apply the laws passed by Congress – not make new law based on their own personal, political, and social beliefs.

Pardon the guy who has taken one too many psychology classes, but in what world could one possibly NOT "make new law based on their own personal, political, and social beliefs."   Rationalistic nonsense if there ever was...

I'm not saying there isn't a core of potential objectivity that one can nurture as a goal.  I'm just saying its odd to make it as a claim, rather than a goal.  It reads as if  there is some objective law out there somewhere that lacks personal, political, and social beliefs.  If there was such Platonic "law" what would it look like?

Posted via web from jimnichols's posterous

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