“sympathy” is not what petitioners have a right to demand. What they have a right to demand is evenhanded enforcement of the law... what, until today’s decision, has been denied them.The core of opinion itself however, is a much more subtle, and damning critique of the President's nominee, in line with my prior analysis.
As discussed in that post, the President's view is:
I will seek someone who understands that justice isn’t about some abstract legal theory or footnote in a casebook; it is also about how our laws affect the daily realities of people’s lives.Alito's opinion exemplifies this sort of understanding. While it doesn't lack for cogent legal analysis, its heart is dedicated to plainly describing how the legal theory in question -- what Roberts more artfully elsewhere labeled "a sordid business" -- affects the daily realities of ordinary people's lives. However justified, the sort of race-conscious judging Obama and Sotomayor favor, gives life, or at least terra-firma, to characters such as this Reverend Kimber, and the ugly and corrupt role they play in our political (and economic) lives.
Given that the President is no fan of Alito or his manner of judging, one is led to suspect that the President's judicial philosophy is less about a general framework for making wise judgements and more about reliably supporting a particular political agenda.
No comments:
Post a Comment