The Slouching Supreme Court, Part 10

According to John Fund:

Then an unidentified voice asked the two men, "Based on your personal knowledge of her, if she had the opportunity, do you believe she would vote to overturn Roe v. Wade?"

"Absolutely," said Judge Kinkeade.

"I agree with that," said Justice Hecht. "I concur."

Shortly thereafter, according to the notes, Mr. Dobson apologized and said he had to leave the discussion: "That's all I need to know and I will get off and make some calls." (When asked about his comments in the notes I have, Mr. Dobson confirmed some of them and said it was "very possible" he made the others. He said he did not specifically recall the comments of the two judges on Roe v. Wade.)

Let me state this clearly: I strongly assert that the Roe v. Wade decision was not only morally reprehensible, it was bad law - inserting abortion-on-demand into the Constitution as falling under a "right to privacy". If we were not living in such a politically charged era, such a ruling might readily be redacted - but were we not in such a politicaly charged era, such a ruling would never have entered the panoply of "settled law".

That said, I am disgusted with the assertion of prominent conservatives that Miers should be confirmed simply because she would rule to overturn this abhorrent ruling. It would appear that Dobson could care less whether Miers is an effective jurist on any other matter - or that her opinions are reasoned at all.

This smacks of having the decision drafted already, only to render the supporting opinion in arrears. This is outcome-based jurisprudence and has no place on the High Court.

That these sorts of nefarious judicial machinations are being indulged by current justices (Ginsburg and Kennedy spring to mind) is no excuse for adding a parrot from the right. Don't accuse Scalia or Thomas of this same crime; rather, read their opposing opinions for some of the meatiest arguments you'll find for strict constructionism.

In any event - should Miers be confirmed - she will be crippled as a jurist, the President, as a leader of the conservative movement, and the nation, as a group of once reasonably sovereign individuals who just took a giant collective leap away from freedom.