Wednesday, July 06, 2005

Liberals see Supreme Court as extension of legislature

Sen. Joe Biden,, Democrat...from Delaware, uttered what can only be interpreted as a Freudian slip. For those of you in blue states, that's where you accidentally say something that reflects what you really think deep down. It's like when Dick Armey was trying to say (openly gay Rep.) Barnie Frank's name, and said "Barnie, Frank." Accident? Sure...who among us hasn't stumbled on words? But it can be argued that Armey simply let slip something he'd long felt and thought.

Anyway, Biden's Freudian slip can be summed up thusly:

Biden was on Face the Nation on Sunday pontificating on Bush's possible choices to replace Justice O'Connor. The name "Janice Rogers Brown" came up. Biden was asked how the Senate Democrats could invoke the "extraordinary circumstances" clause on Judge Brown right after they actually voted to confirm her to a seat on an appeals court. Biden responded by reminding the television audience that appeals court justices (I hope you're sitting down for this one) "don't get to make new law,"...meaning, of course, that Supreme Court Justices do get to "make new law"! His actual quote:
"[The Supreme Court] is a totally different ball game. ... A circuit court judge is bound by stare decisis. They don't get to make new law. They have to abide by [legal precedent]."
The Supreme Court's not bound by stare decisis? That's news to me! And silly me! I thought courts were supposed to interpret law, not make law! Then again, those of us who aren't liberal have been saying for years that liberal judges routinely legislate from the bench, despite their constitutionally mandated role to do no such thing. After all, legislatures are supposed to legislate, not courts! Biden therefore, via his Freudian slip, exposes his belief (and I guarantee it's NOT a view unique to him) that the courts are to legislate...specifically, the U.S. Supreme Court.

Gotcha, Joey!