Wednesday, April 20, 2005

Is Justice Kennedy a Traitor Too?

While moderate Senator Voinovich (R-OH) is being called a traitor for speaking his conscience, Supreme Court Justice Anthony Kennedy is getting attacked by House Majority Leader Tom Delay (R-TX):

”We've got Justice Kennedy writing decisions based upon international law, not the Constitution of the United States? That's just outrageous," DeLay told Fox News Radio on Tuesday. "And not only that, but he said in session that he does his own research on the Internet? That is just incredibly outrageous."

How does DeLay want to stop Kennedy?

One way would be for the House Judiciary Committee to investigate the clause in the Constitution that says "judges can serve as long as they serve with good behavior," he said. "We want to define what good behavior means. And that's where you have to start."

What’s so disturbing about this is that Justice Kennedy is very solidly moderate as many cases have shown. While The Yellow Line questions the reasoning (but not the result) of Justice Kennedy’s majority opinion banning the death penalty for minors, the Justice has regularly exhibited a keen mind and a strong commitment to a sensible and justified interpretation of the Constitution.

Does DeLay really think Kennedy (who came down on Bush’s side in Bush v Gore) deserves to be kicked off the court? Does this Republican Congress want to not just purge the liberals from the courts but the moderates as well?

Majority Leader DeLay continues to cross the line between issue advocacy and government corruption. His attempts to remake the judiciary in his own image should be strongly opposed.


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