Friday, September 02, 2005

Why does John Roberts hate courts so much?

Dahlia Lithwick:
"one of the consistent themes is that he sees almost no role for courts as remedial institutions. Judges should limit themselves to interpreting the law, parsing statutes, and nothing more. Anything else, he feels, is overreaching.

So Roberts has made it his work to try to hobble the courts, be it by approving court-stripping legislation, cutting off access to courts for classes of plaintiffs, limiting the reach of federal statutes, or curbing the power of the courts to remedy injustices. The best courts, it seems, are bound, gagged, and left to huddle in a closet. One sort of wonders why the job of judge appeals to him in the first place."

This is the essential question. Does this country want a guy like this on the Supreme Court.

I'm not disturbed about the politicization of court nominees. After all, at the state level they are often selected by general election. Can you be more political than that?

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