Wednesday, April 13, 2005

NRO on judges

One of the big issues facing this country right now is the rule of judge. From the 9th circuit decision that the Pledge of Allegiance is unconstitutional to the Massachusetts SJC's outrageous Goodrich decision to Sandra Day O'Connor and Anthony Kennedy's appeal to international law in Roper v. Simmons, there is the appearance of a fundamental disconnect between the proper constitutional function of our nation's courts and the functions that they are assuming. There are many courts that act to make, as Antonin Scalia so accurately put it, their own "personal policy preferences" into law.

There's a National Review Online editorial today that sums the problem up perfectly in one line.


"It is profoundly unhealthy for the republic to have a judiciary that effectively defines the limits of its own power."


Amen.

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