It doesn’t matter WHO B.O. submits for appointment to SCOTUS…the real damage is his statement defining his attitude towards the conduct of jurisprudence…as ably spelled out by Jeff Jacoby:
Judicial dispassion — the ability to decide cases without being influenced by personal feelings or political preferences — is indispensable to the rule of law. So indispensable, in fact, that the one-sentence judicial oath required of every federal judge and justice contains no fewer than three expressions of it: “I …do solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me …under the Constitution and laws of the United States, so help me God.”
After examining some of the Biblical roots of our judicial system (secularists read it and weep!) Jacoby brings that original background as applied in the establishment of our Constitutional republic:
Without judicial restraint there is no rule of law. We live under “a government of laws and not of men,” to quote John Adams’s resonant phrase, only so long as judges stick to neutrally resolving the disputes before them, applying the law and upholding the Constitution even when doing so leads to results they personally dislike. That is why the judicial oath is so adamant about impartiality. That is why Lady Justice is so frequently depicted — as on the sculpted lampposts outside the US Supreme Court — wearing a blindfold and carrying balanced scales.
Then…the heart of the problem with B.O.’s attitude: emotionalism should trump the law:
And that is why President Obama’s “empathy” standard is so disturbing, and has generated so much comment.
Time and again, Obama has called for judges who do not put their private political views aside when deciding cases. In choosing a replacement for Justice David Souter, the president says, he will seek not just “excellence and integrity,” but a justice whose “quality of empathy, of understanding and identifying with people’s hopes and struggles,” would be “an essential ingredient” in his jurisprudence. In an interview last year, he said he would look for judges “sympathetic” to those “on the outside, those who are vulnerable, those who are powerless.”…But such cardiac justice is precisely what judges “do solemnly swear” to renounce. Sympathy for others is an admirable virtue, but a judge’s private commiserations are not relevant to the law he is expected to apply.
If Obama means what he says, he wants judges who can be counted on to violate their oath of office.
…and so B.O. then would violate his OWN oath of office…but what else is new about THAT?