Home
In this issue

July 2, 2009

Rabbi Abraham J. Twerski: The hallmark of a person

Abe Novick: Up, up, and aliya

July 1, 2009

Rabbi Avi Shafran: The Road Taken

The Kosher Gourmet by Marialisa Calta: Get into the holiday spirit with these Star-Spangled desserts

June 30, 2009

Rabbi Binyomin Ginsberg: What makes a great parent?

Caroline B. Glick: Ideologue-in-Chief

June 29, 2009

The Jewish Ethicist by Rabbi Dr. Asher Meir: Beware of 'Caveat Emptor'

Steven Emerson: ACLU pushing for more money for Hamas

June 26, 2009

Rabbi Yoni Posnick: Learn the secret to a healthy marriage from a scriptural villain

Caroline B. Glick: Barack Obama vs. International Law

June 25, 2009

Rabbi Shimon Apisdorf: The Absurd Power of Truth

Jordan "Gorf" Gorfinkle's strip: Everything's Relative

June 24, 2009

Rabbi Yonason Goldson: Advancement of technology is a wake-up call for humanity

The Kosher Gourmet by Andrea Weigl: Summer on a stick: Making frozen treats can be easy, creative and fun

June 23, 2009

Martin M. Bodek: 'On Surnames': And so, We Begin

Caroline B. Glick: The Obama Effect

June 22, 2009

The Jewish Ethicist by Rabbi Dr. Asher Meir: Working for a corrupt firm

N. Richard Greenfield : Where are American Jews?

June 19, 2009

Rabbi Abraham J. Twerski: Emotion v. intellect

Caroline B. Glick: Israel's rare opportunity

June 18, 2009

Jonathan Rosenblum: Sometimes it is more essential to define the nature of evil than good

Jordan "Gorf" Gorfinkle's strip: Everything's Relative

June 17, 2009

Rabbi Yonason Goldson: The Language of Confusion

The Kosher Gourmet by Linda Gassenheimer: Nothing pleases Dad more than a thick, juicy onion-smothered steak. Add home-Baked Potato Chips and …

June 16, 2009

The Jewish Ethicist by Rabbi Dr. Asher Meir: Career v. Careersism

Caroline B. Glick: Obama's losing streak and Israel

Richard Z. Chesnoff: ‘Palestinians’: Never Missing an Opportunity …

June 15, 2009

Israeli Prime Minister Binyamin Netanyahu: How Judea and Samaria can become 'Palestine'

Daniel Pipes: Where Netanyahu's speech failed

June 12, 2009

Rabbi Abraham J. Twerski: Some big thoughts about not acting so big

Caroline B. Glick: Obama's High Commissioner

June 11, 2009

Victor Davis Hanson: Our historically challenged President

Mitch Albom: Beware the True Believers

Lewis Grossberger: What we learn from the new Hitler photos

June 10, 2009

Mort Zuckerman: What Obama and his advisors won't -- or refuse to -- grasp about Israel and the Muslim world

The Kosher Gourmet by Steve Petusevsky Lotsa pasta: Tips, techniques and (amazing) taste

June 9, 2009

Anne Bayefsky: Obama's stunning offense to Israel and the Jewish people

Frank J. Gaffney, Jr.: America's first Muslim president?

June 8, 2009

The Jewish Ethicist by Rabbi Dr. Asher Meir: Merchant must take responsibility for careless shopper?

Mark Steyn: A superpower that feeds on mediocrity cannot survive for long on leftovers from the past

Richard Z. Chesnoff: How do you say 'kumbaya' in Arabic?

June 5, 2009

Rabbi Abraham J. Twerski: In quest of spirituality

Caroline B. Glick: Obama's Arabian dreams

Charles Krauthammer: The Settlements Myth

June 4, 2009

Paul Greenberg: The War Comes to Little Rock

The Kosher Gourmet by Judy Hevrdejs: Splash it on! Tap your inner jazz musician and improvise when stirring up a vinaigrette

June 3, 2009

The Jewish Ethicist by Rabbi Dr. Asher Meir: Q. Should terrible teacher be exposed?

Jonathan Rosenblum: The Israel Lobby: Missing in Action

June 2, 2009

Dennis Prager: The Speech President Obama Won't Dare Give in Egypt

Frank J. Gaffney, Jr.: Pressure on Israel raises war risk

Oct. 29, 2003
Mortimer B. Zuckerman: Graffiti On History's Walls (MUST-READ!)

Jewish World Review March 2, 2007 / 12 Adar, 5767

High Court and low politics, Part IV

By Thomas Sowell


Printer Friendly Version
Email this article

http://www.JewishWorldReview.com | One of the sad aspects of studying history is discovering how often petty considerations influenced the direction of momentous events. That is one of the painful aspects of reading about the Supreme Court in "Supreme Conflict" by Jan Crawford Greenburg.


That insightful book reveals the struggles among politicians over the choosing and confirmation of Supreme Court nominees — and the struggles within the High Court itself over the difficult and divisive issues that come before it.


Perhaps the saddest thing in the book, though mentioned only in passing, is that some "highly qualified" potential nominees for the Supreme Court "had not wanted their names considered" because the Senate confirmation process had become "too bitter and too vitriolic" and "they just didn't want any part of it."


The momentous and lasting repercussions of Supreme Court decisions mean that people of the highest caliber and character are needed on that court. There are too few who are "highly qualified" to lose any of them.



BUY THE BOOK ...


at a discount by clicking HERE.


The ugly and cheap circus atmosphere of Senate confirmation hearings is just one of the factors which cause top notch people not to be nominated, while others who are little more than warm bodies are seated on the highest court in the land.


According to "Supreme Conflict," Circuit Court Judge Laurence Silberman was passed over as "too controversial" for a Supreme Court nomination, in favor of David Souter, who was the closest thing to a blank slate that any human being could be.


Judge Silberman would have been one of the great Supreme Court justices of the age, while Souter has been one of the worst. The difference was momentous — and disastrous — for the whole future of American law, especially in a court with so many 5 to 4 decisions.


The quota mentality has been another factor filtering out the best in favor of the politically expedient. Even presidents who attack racial or sex quotas succumb to the quota mentality themselves. That is how Ronald Reagan made his worst appointment, Sandra Day O'Connor, who used rhetoric as a substitute for logic.


That is how George W. Bush nominated Harriet Miers, whose inadequate knowledge of Constitutional law became so painfully obvious during preliminary discussions with Senators that even Republican supporters of the president, inside and outside the Senate, urgently appealed to him to withdraw her nomination.


Now the next big push for a quota nomination is for the first Hispanic to be put on the Supreme Court.


Attorney General Alberto Gonzales would probably be an improvement over some — perhaps most — of those currently serving on the High Court. But he should be nominated only if he is the best person available of any race, color, creed or national origin.


The Supreme Court does not exist for feel-good photo ops. The difference between the best and the second best can be momentous in the lasting consequences of Supreme Court decisions.


Some of the most disheartening glimpses inside the Supreme Court in "Supreme Conflict" are of the petty considerations that influence how some justices decide issues of historic consequence.


Not only Justice Anthony Kennedy's flip-flops on Constitutional issues but also his expressed concern over what public reaction would be to the Supreme Court's decisions betray someone who cannot keep his eye on the ball, even when it is the biggest ball around.


Justice Kennedy's fascination with foreign law as a basis for decisions about American law suggests a disregard for the Pandora's Box that this opens. It might also suggest someone overly impressed with being part of the worldwide legal Olympians who need to impose from on high the way the rest of us should live, regardless of what the Constitution of the United States says.


Justice Sandra Day O'Connor's over-sensitive reactions to criticisms of her decisions by dissenting justices — whether William Brennan on the left or Antonin Scalia on the right — also comes out in "Supreme Conflict."


Even after her retirement, Justice O'Connor refused to deal with the substance of Justice Scalia's criticisms, on grounds that he apparently did not express them nicely enough for her taste. Whether those criticisms were valid seems not to have been her concern.

Every weekday JewishWorldReview.com publishes what many in in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.

Comment on JWR contributor Thomas Sowell's column by clicking here.

Up

Thomas Sowell Archives



© 2006, Creators Syndicate

Insight (Our Columnists)

 Mitch Albom
 Michael Barone
  Dave Barry
 Tony Blankley
 Andy Borowitz
 David Broder
 Stratfor Briefing
 Mona Charen
 Linda Chavez
 Ann Coulter
 Greg Crosby
 Rod Dreher
 Larry Elder
 Suzanne Fields
 John Fund
 Frank J. Gaffney
 Lloyd Garver
 Jonah Goldberg
 Julia Gorin
 Jonathan Gurwitz
 Paul Greenberg
 Lewis Grossberger
 Victor Davis Hanson
 Betsy Hart
 Nat Hentoff
 David Horowitz
 Laura Ingraham
 Paul Johnson
 Jack Kelly
 Ed Koch
 Ch. Krauthammer
 Jonathan Last
 Michael Ledeen
 John Leo
 David Limbaugh
 Kathryn Lopez
 Rich Lowry
 Michelle Malkin
 Jackie Mason
 Dick Morris
 Bill O'Reilly
 Jim Mullen
 Clarence Page
 Kathleen Parker
 Dennis Prager
 Wesley Pruden
 Tom Purcell
 Jonathan Rauch
 Celia Rivenbark
 Robert Robb
 Cokie & Steve Roberts
 Pat Sajak
 Debra J. Saunders
 Culture Shlock
 Roger Simon
 Michael Smerconish
 Thomas Sowell
 Mark Steyn
 John Stossel
 Cal Thomas
 Bob Tyrrell
 Diana West
 Dave Weinbaum
 George Will
 Walter Williams
 Byron York
 Mort Zuckerman

'Toons
 Robert Arial
 Chuck Asay
 Baloo
 Chip Bok
 Dry Bones
  Lisa Benson
 John Branch
 Gary Brookins
 John Cole
 J. D. Crowe
 John Deering
 Brian Duffy
 Everything's Relative
 Mallard Fillmore
 Jake Fuller
 Bob Gorrel
 Joe Heller
 David Hitch
 Jerry Holber
 Steve Kelley
 Jeff Koterba
 Dick Locher
 Chan Lowe
 Ranan R. Lurie
 Jimmy Margulies
 Rick McKee
 Michael Ramirez
 Kevin Siers
 Jeff Stahler
 Ed Stein
 Danna Summers
 John Trever
 Gary Varvel
 Kirk Walters

Lifestyles
 How 2
 Lori Borgman
 The Savvy Consumer
 Elder matters
 Fixit
 Dr. Peter Gott
 Marybeth Hicks
 GET A JOB! by Marty Nemko
 Richard Lederer
 Tech Maven
 Every Monday Matters
 Nutrition Myths
 Bookmark These
 Bruce Williams
 How Stuff Works