Posted by
SteveK on Monday, April 27, 2009 10:36:51 PM
David Hamilton is being touted by the White House (and the New York
Times) as a “moderate”, yet there is absolutely nothing in his record
to suggest it. However, there is every reason to believe he is a far
left activist judge who does not respect the Constitution or the
traditional role of the judiciary.
So what are some of this ‘moderate’ appointee’s credentials?
- Was a fundraiser for ACORN, a far-left organization that engaged in criminal voter fraud and closely allied to Obama.
- Served as a board member of the ACLU, another far-left special interest group.
- Hamilton ruled that prayers in Jesus’ Name was unconstitutional, but prayers to Allah were okay.
- He prevented enforcement of an Indiana law requiringabortion clinics to warn about the risks of the procedure, or requiring two visits before the abortion.
- In 1994, when Bill Clinton nominated him to the district court,
the ABA rated Hamilton as ‘not qualified,’ apparently because of his
almost purely political (as opposed to legal and judicial) experience.
There is nothing in his record to suggest he is more qualified now.
If this is Obama’s idea of what a ‘moderate’ judge should look like,
then the country is in very big trouble. But all of the warning signs
that Obama would appoint extremist judges were there.
A New York Times article
dated May 28, 2008 gave us a glimpse of the type of judges Obama would
appoint. When asked about judicial nominations Obama responded, “I want
people on the bench who have enough empathy, enough feeling, for what
ordinary people are going through.”
Feelings? Empathy?
Do we really want judges deciding cases based on something other
than the facts and the law? How can a judge be impartial and give a
fair trail when feelings should be considered? This is something that
justice Ginsburg would endorse as a valid way to reach rulings.
Ginsburg also recently said, “Why shouldn’t we look to the wisdom of a
judge from abroad with at least as much ease as we would read a law
review article written by a professor?” Because taking into account
foreign rulings undermines American sovereignty since most countries do
not have Constitutions or a Bill of Rights.
The article went on to explain that Obama had opposed the nomination
of Samuel Alito to the Supreme Court by saying that Alito showed
“extraordinarily consistent support for the powerful against the
powerless” and “for an overreaching federal government against
individual rights and liberties.”
That last part is laughable, as Obama and the Left are the ones who
are in favor of massive overreaching federal government, as has been
seen lately, and have consistently been opposed to individual rights
and liberties. True conservatives are trying to reduce the size and
scope of the federal government and do everything they can to protect
individual rights and liberties.
As for the first part about Altio supporting the powerful over the
powerless, this is just plain rubbish. This nonsense comes straight
from the socialist propaganda playbook. It is a pure emotional claim,
like most liberal criticisms, and is without validity.
Liberals were against Alito because he hinders the Left’s agenda.
Alito is considered an originalist justice, and interprets the
Constitution in a dispassionate and agenda-free manner, as much as
possible. Alito’s politics should not matter if he just interprets the
law, not creates it. However, liberals want activist judges,
who will ignore or twist the Constitution to produce the outcomes they
desire. They do not want an accurate or faithful interpretation of the
Constitution. They see the courts as a vehicle for social change. Hence
the hostility to all ‘conservative’ judges, which really means judges
who do their job properly.
For the Left, the only job of a judge or Supreme Court justice is to
create equality or ’social justice’. No other value is higher to modern
liberals than their idea of equality. Those on the political left will
admit as much, as Democratic Senator Herb Kohl remarked: “The neutral
approach, that of the judge just applying the law, is very often
inadequate to ensure social progress . . . ” The Left has always been a
product of postmodernism and the French Revolution. Therefore, the
greatest evil is not injustice or even murder, but inequality.
A country cannot function with a legal system based on “feelings” or
“empathy”. If a judge can rule in favor or against someone based on
what creates ’social justice’, regardless of law, the system crumbles
into a third world kangaroo court. Law will not matter, right or wrong
will not matter, personal responsibility will not matter, contracts
will not matter.
Western civilization in general, and America in particular, has
spent decades trying to get away from the tyrannical notions of other
countries where who you are determines what kind of justice you get.
This is especially strange coming from Obama, a black (half-black) man,
who in the past would have likely been ruled against in court simply
because of his skin color. But the political left does not mind
injustice, per se. If injustice helps bring about equality of outcomes,
then it is acceptable to liberals.
A president and his administration are only around for four to eight
years, but a federal and Supreme Court justice is a lifetime
appointment, which can mean decades of harm to this nation and the
Constitution.
Barack Obama will stack the courts with radical activist judges who
will legislate from the bench and rule by judicial fiat. For the
political left, it is not about right or wrong, but weak and strong.
The only exception to this are cases involving the government and
money/power. For instance, eminent domain abuses are acceptable if it
benefits the state. Kicking people out of their homes for greater tax
revenue is unjust and unconstitutional, but to the statist it is
permissible.
But in all other cases, the ‘little guy’ must always come out the
winner. Judges who side with murderers and terrorists exemplify this.
Outcome-based jurisprudence is no different than any totalitarian
country, but unfortunately that is where we are headed as a nation.
http://thenationalscene.com/