Thursday, July 21, 2005

Limbaugh Keeps Missing the Point on Role of the Supreme Court

Rush Limbaugh and others on the right have been making a lot of noise lately about how the Supreme Court is made up of a bunch of unelected attorneys who do not have a moral right to judge the constitutionality of law and impose its will on the entire nation.

Rush's opinion carries a lot of weight around here, but he's wrong in this instance. He's more interested in attacking the liberals (who are also wrong) and what they're saying about the Supreme Court and the Republicans who control both houses of Congress and the Presidency instead of focusing on what the Supreme Court is and should be.

It's a counterbalance against the Congress and the President. If Congress doesn't like a ruling and they have popular support as well as the support of the White House, they can attempt to amend the Constitution. It's been done in the past.

Rush is also ignoring the rest of the judicial system.

One of the accusations that have been leveled against the high court is that the Justices don't go into enough depth on the court cases that come before them. The question that needs to be asked here is: why should they?

All of that information has already been vetted out during the appeals process that led to their being reviewed by the Supreme Court. They get all the summaries from the lower courts and read the briefs beforehand to help in their questioning of the witnesses and their own private deliberations.

Rush wasn't complaining when the Supreme Court stopped the Florida recount in 2000.

It almost sounds like he wants to get the President's nominee to take Sandra Day O'Conner's place onto the court without the advice and consent of the Senate. He also says that the Supreme Court is not supposed to be a political institution, yet he says that the Justices are unelected and have no mandate.

Rush needs to get back on track. And he needs to get over campaign finance reform. That's what his REAL beef is.

This court IS too activist, so if Rush means what he says, he should be pushing for a moderate Justice who has no history of political involvement, party labels or involvement in activist movements and will have a strict interpretation of what the Constitution means and how it applies to today.

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