Tuesday, November 20, 2007

The Trouble with "Liberals" Part 98

Dear old Senator Ted Kennedy put his prodigious writing and reasoning skills on display for us today in a piece published in The American Prospect. His subject is those nasty right wingers, Roberts and Alito. His thesis is that they jobbed the system and somehow got onto the Court without having to share with the public what their views and intentions really were.

His example is a job discrimination case, Ledbetter. I won't go into the facts here. They are boring and Ted finds them irrelevant anyway. His critique:

"And for two judges who repeatedly proclaimed a concern for the real-world impact of their decisions, Alito and Roberts have turned out to be remarkably blinded to the plight of America's most vulnerable. "

It is neither the job nor the function of the SCOTUS to match outcomes to policy. It is both its job and function to apply the law as it exists. The outcome will be whatever the best legal, not policy, minds in America determine it to be. Whatever the "plight of America's most vulnerable" might be, it is up to Teddy and his friends to fix it. Not SCOTUS.

One of the commenters at The American Prospect suggests that in Kennedy's view the best outcome would be determined by examining the net worth of the parties to the suit and giving judgement to the less wealthy of them. A logical conclusion to a customarily stupid Kennedy/Liberal argument.

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