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Originally Posted by Ghoulish Delight
If Bush has any sense of the concept of balance, he will try to find someone similarly moderate and balanced rather than someone who will push Bush's social agendas through.
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Sadly, nominations have become all about what we think the person will push as far as a social agenda. It should not be that way.
Nominations should be about interpretting the constitution. Period. Is the person nominated qualified to do this?
In reference to some recent decisions, this has not what has been happening at all. Certain justices feel the need to look to foreign law for guidance. I think all here would agree that various clauses of the Constitution have been grossly misinterpretted lately. Thomas is very conservative, and I doubt he supports growing and using marijuana. He realizes (and I am still horribly disappointed with Scalia over this), however, that the case before them had nothing to do with interstate commerce. Several judges (again, disappointed with Kennedy) think it is acceptable to take my property and give it to some other private individual or corporation. Honestly, Souter, Ginsberg, and those who have ruled in the majority on these issues (particularly the private property case) have done more to set back our rights than at any other point in my lifetime, and perhaps even in history.
I want judges who know the constitution and care to take into consideration the intent of the framers. I doubt many of these recent decisions fit within that. The Constitution is not a living, breathing document. Sadly, the current court appears to be making it such by redefining emminent domain and further removing rights from the states. If it is living and breathing, then it is permissable to interpret the meaning based on the whims of the current justices, and nothing is sacred or protected.
Give me someone who will push their own personal social views to the side and rule based on the constitution itself. We can't take anyone else like Breyer who thinks we should look to foreign law to help us in deciding cases. I doubt many who think that it is not a problem would consider it such should we look to foreign law to help with decisions on abortion, since the US is one of only five countries (or so) that has basically no restrictions on it.