Verrilli not administration's worst lawyer, after all
Coulter nails it.
... the brilliant ex-law professor, who manifestly doesn't have the faintest understanding of the Constitution.
On Monday, President Obama shocked even his fellow liberals when he claimed that it would be "an unprecedented, extraordinary step" for the Supreme Court to overturn "a law that was passed by a strong majority of a democratically elected Congress." (Which Obamacare wasn't.)
He added: "I'd just remind conservative commentators that for years what we've heard is the biggest problem on the bench was judicial activism or a lack of judicial restraint."
I guess now we know why Obama won't release his college and law school transcripts!...
Anticipating nearly every form of government corruption, our framers specifically designed the Constitution to prevent tyranny. But they never imagined the perfidy of 20th-century liberals. (Probably because the framers didn't have NBC.)
What liberals figured out -- and were mendacious enough to exploit -- is that there is no obvious recourse for the other branches if the Supreme Court issues an insane ruling. So, beginning in the 1960s, liberals on the court started issuing insane rulings on a regular basis. Rather than referring to the Constitution, some of their opinions were apparently based on the dream journal of Andrea Dworkin.
Soon every law student could recite in his sleep Chief Justice John Marshall's line in Marbury: "It is emphatically the province and duty of the Judicial Department to say what the law is." So shut up and go home.
To take one example of a ludicrous ruling, at random, off the top of my head: In 1973, the Supreme Court announced that the Constitution mandates a right to abortion.
The Constitution says nothing about reproduction, contraception, fetuses, pregnancy, premenstrual syndrome, morning sickness -- much less abortion. (As the tea partiers say: Read the Constitution!)
It does, however, expressly grant to the states those powers not reserved to the people (such as the right to bear arms) or explicitly given to Congress (such as the right to regulate commerce with foreign nations, among the several states and with the Indian tribes).
Obviously, therefore, the Constitution implicitly entrusted abortion laws to the states.
One hint that a "constitutional" right to abortion is not based on anything in the Constitution is that during oral argument, as the lawyer arguing for this apocryphal right ticked off the constitutional provisions allegedly supporting it -- the Due Process Clause, the Equal Protection Clause, the Ninth Amendment, "and a variety of others" -- the entire courtroom burst into laughter.
The ruling in Roe, incidentally, struck down the duly constituted and passed laws of all 50 states. (But that is soooo 53 million abortions ago ...)
When conservatives complain about "judicial activism," this is what they're talking about: Decisions not plausibly based on anything in the Constitution.
Curiously, the only court opinions liberals really get excited about are the ones having nothing to do with the Constitution: abortion, nude dancing, gay marriage, pornography, coddling criminals, etc., etc...
Conservatives want the rule of law, not silence from the judges. Not striking down an unconstitutional law is judicial activism every bit as much as invalidating a constitutional one.
Conservatives want a return to Constitutional government.
"One hint that a "constitutional" right to abortion is not based on anything in the Constitution is that during oral argument, as the lawyer arguing for this apocryphal right ticked off the constitutional provisions allegedly supporting it -- the Due Process Clause, the Equal Protection Clause, the Ninth Amendment, "and a variety of others" -- the entire courtroom burst into laughter."ReplyDelete
Well, Anne either didn't bother to research this claim or she is just a lying sack of shit like you. The oral arguments are available for anyone who wants to listen to them, and when Sarah Weddington makes this statement, no one laughs. One has to wonder exactly how flimsy Anne thinks her argument is if she has to lie to support it.
On the other hand, Jay Floyd begins his argument with an attempted joke that falls flat.