Wednesday, September 14, 2005

Confirm Judge Roberts, Help Rid America Of Carter Appointed Idiocy

Judge John Roberts is going through the trials of a confirmation hearing. Predictably buffoons like Sen Joe "The Plagiarist" Biden and Sen Swimmer from MA tried to ask inflammatory questions, but these members of the "hate-filled community" were completely outclassed by the erudite jurist.
It appears he'll get confirmed even after this attack by the leftists in Congress. Now if he does turn out to be someone who is a Constitutionalist perhaps he can have a role in striking down such clearly wrongheaded thinking as ruled today in San Francisco by Federal District Judge Lawrence Karlton. Justice Karlton, who was appointed by "history's greatest monster," failed president Jimmy Carter, misruled that the pledge of allegiance is unconstitutional. "Karlton said he was bound by precedent of the 9th U.S. Circuit Court of Appeals, which in 2002 ruled in favor of Sacramento atheist Michael Newdow that the pledge is unconstitutional when recited in public schools." Huh? Wait a minute, didn't this case go to the Supreme Court? Yes, indeed it did. "The Supreme Court dismissed the case last year, saying Newdow lacked standing because he did not have custody of his elementary school daughter he sued on behalf of." So how does a dismissed case set a precedent? I'm sure, that in the fevered thought processes of a Carter appointed jurist, as long as it makes it into some law book, it must be eternally followed without any questioning of the ruling permitted. You know, just like Dred Scott and Plessy vs Ferguson.
Here's something strange. "The decisions by Karlton and the 9th Circuit conflict with an August opinion by the 4th U.S. Circuit Court of Appeals in Richmond, Va. That court upheld a Virginia law requiring public schools lead daily Pledge of Allegiance recitation, which is similar to the requirement in California. A three-judge panel of that circuit ruled that the pledge is a patriotic exercise, not a religious affirmation similar to a prayer. 'Undoubtedly, the pledge contains a religious phrase, and it is demeaning to persons of any faith to assert that the words 'under God' contain no religious significance,' Judge Karen Williams wrote for the 4th Circuit. 'The inclusion of those two words, however, does not alter the nature of the pledge as a patriotic activity.' So do these dueling rulings mean anything? It appears so. The Supreme Court will have to make a decision regarding which ruling will stand.
One other ruling made by Karlton shows how backwards a Carter appointee can reason. "Karlton dismissed claims that the 1954 Congressional legislation inserting the words 'under God' was unconstitutional. If his ruling stands, he reasoned that the school children and their parents in the case would not be harmed by the phrase because they would no longer have to recite it at school." So in other words this Justice thinks it's not unconstitutional to add some words to something that's unconstitutional. If that's the way he reasons, the Supreme Court should easily rule for the Fourth Circuit's decision that the Pledge is constitutional.
There's no doubt that John Roberts should quickly be confirmed as the new Chief Justice. And just as quickly President Bush should nominate someone else who understands how the Constitution works. Hugh Hewitt believes someone such as Appeals Judge Michael McConnell would make an excellent choice. The President has a clear duty to nominate someone such as Judge McConnell to replace Justice O'Connor, who has unfortunately shown a willingness to misunderstand the Constitution. Although she was correct in the Kelo case, America needs someone who won't be a "swinger" but someone who will protect the Founders' meaning of the Constitution. A dangerous Justice like Ginsburg, who believes that foreign dominions have a say in our sovereign land, must be blocked and marginalized as quickly as possible. Justices Roberts and McConnell appear to be just the bulwark America needs to protect herself from leftist activist jurists.
Tagged As: