Catholics in the Public Square -- Judicial Lables & Roe v. Wade
Catholics in the Public Square: "Judicial Labels & Roe v. WadePosted by Oswald Sobrino at 10:57 AM
What has emerged in recent history is that the Supreme Court has become a forum for implementing brazenly political agendas of liberal social engineering. That is why today, empirically and honestly speaking, it is clear that the Supreme Court is nothing more than a politicized committee that produces incoherent judicial decisions as its end product. The ideal is, rather, for a Supreme Court in which the high caliber of justices means that each justice follows a consistent judicial philosophy rooted in deference to the legislative branch, except in cases where clear fundamental, constitutional rights are threatened.
Such a consistent judicial philosophy, rooted in a democratic understanding of courts as institutions that must defer whenever possible to democratic legislatures, would abandon any efforts at liberal social engineering, whether the scheme is to make abortion-on-demand a nationwide convention or to remake marriage into something utterly unrecognizable.
But that is a tall order. The level of mediocrity on the Supreme Court means that many recent justices have no sane judicial philosophy to speak of--rather the mediocre have just lurched from issue to issue under the all-purpose legal fig leaf that they are just adjusting to different facts. The real fact is that judicial philosophy determines which facts are decisive. Raw facts in themselves don't determine legal results because there are in fact no 'raw facts' in the law: all facts must be weighed using a sane judicial philosophy, much as jurors are given detailed legal instructions to guide their deliberations. As odd as it may appear, we may need somebody to give legal instructions to the Supreme Court before they themselves begin to deliberate. In recent years, many of the justices have proven unable to find the law.
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Labels: Catholic, Catholicism
posted by Norm Johnson @ 9:31 PM
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