Representative Tom DeLay (R-TX) commented on March 28 that current and former Supreme Court Justices Ruth Bader Ginsburg and Sandra Day O'Connor "don't get it" when they complain about conservative criticism of the judiciary. He is, of course, insisting that the judiciary is out there to undermine American moral values and impose their own liberal agenda on everyone.
As Penn and Teller would say, "Bullshit."
Delay is obviously pandering to the religious right in an effort to keep his job and deflect attention from his own peccadillos. Federal judges note ruefully that the definition of "judicial activism" changes based on who is in office, but it pretty much always means "making decisions with which the majority party does not agree."
Frankly, comments like DeLay's are extremely harmful to our society and to fostering a healthy democracy. He also went on the record as saying, "Our faith has always been in direct conflict with the values of the world. We are, after all, a society that provides abortion on demand, has killed millions of innocent children, degrades the institution of marriage, and all but treats Christianity like some second-rate superstition." It's great political rhetoric, but it's extremely dangerous to put that in the lap of the Supreme Court.
When deciding what cases to hear and how to rule on a case, the federal judiciary and the Supreme Court don't have the luxury of pandering to public opinion or to falling back on partisan rhetoric. Their guide is the law. Whereas DeLay can invoke Christianity to his heart's content, the Supreme Court must invoke the Constitution. If the Supreme Court becomes subservient to Congress or the Presidency, then the Bill of Rights loses all meaning.
If this nation is truly Christian, and its citizens want to impose a Christian lifestyle on all its residents, and give the President expanded powers to guarantee national security, there's a mechanism for doing that. It's called a Constitutional Amendment. And whether the courts agree with that amendment or not, they are obligated to enforce it, and they will enforce it. That's what a good judge does. But there is no way such amendments will pass, and DeLay knows it. So he postures and poses by acting to undermine the independence of the Judiciary in an effort to salvage what's left of his own career.
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