Monday, August 2, 2010

Democrats Falsely Claim Supreme Court Is 'Conservative' & 'Activist'

During the recent hearing and vote to confirm Elena Kagan to the Supreme Court, Democrats constantly railed against the alleged "activist" and "conservative" Supreme Court.

Clearly, the Democrats on the Senate Judiciary Committee were all working from the same talking points – undoubtedly crafted for them by outside leftist groups.

Democrat after Democrat said basically the same thing about Kagan and about the current Supreme Court. The talking points were: 1. That Kagan is well qualified to serve on the Supreme Court; 2. That Kagan will provide a moderating influence on the court to bring it to the "center"; That the current Supreme Court is far to the right and is legislating from the bench instead of upholding the Constitution.

All of these talking points are false, but it didn't matter. The Democrats had overwhelming numbers in the committee and easily voted to confirm Kagan – a woman who will be to the left of Sonya Sotomayor – which is a frightening prospect.

Ed Whelan, a commentator on judicial matters for National Review, recently wrote an insightful essay on the myth that the current U.S. Supreme Court is "conservative."

He notes that the "Roberts" Court is actually taking small steps away from a leftist bent toward the center, but that the Court continues to remain leftist in its overall decisions.

Whelan points out that the current Court will remain leftist as long as Justice Kennedy is considered to be a "centrist" on the Court. Kennedy has been at the center of some of the most dangerous decisions that Court has issued in recent years. Among them are the Lawrence v. Texas decision, which invalidated sodomy laws in all 50 states; the Boumediene v. Bush, Hamdan v. Rumsfeld, Rasul v. Bush, which used foreign law in redefining the meanings of the U.S. Constitution and impacted national security; and Roper v. Simmons, Kennedy v. Louisiana, which dealt with death penalty cases.

It was Kennedy who wrote the majority opinion in the Texas sodomy case – and his reasoning is now being used to further the cause of the LGBT political agenda in America.

If one or more of the judicial conservatives on the Court retires during the remaining years of Obama Administration, the Court will turn wildly to the left for decades to come. Once this happens, Obama's pro-homosexual, pro-Islam, socialist political agenda will become firmly entrenched in our culture. Our great grandchildren will still be suffering from Obamunism long after we are gone.

The battle for the Supreme Court is a battle for the future of our nation. She must not be confirmed.