Supreme Disappointment
Thomas Vinciguerra, deputy editor of The Week, is disappointed in Bush's selection of John Roberts -- but his disappointment has nothing to do with politics, but in Bush's decision to replace one judge with another, instead of, say, with Eugene Volokh:
Where is it written that a Supreme Court justice must be plucked from the bench? Sixty of the high court’s 108 occupants hadn’t been sitting judges, and some of the most notable had no judicial experience at all. John Marshall, easily the most influential chief justice in U.S. history, had been a congressman and secretary of state. Roger Taney, author of the Dred Scott decision, had been a Maryland legislator and U.S. attorney general. Charles Evans Hughes, who wrote twice as many opinions as any other justice, previously was governor of New York and secretary of state. And Earl Warren, who revolutionized the court in the 1950s and ’60s, had been governor of California. There’s a lot to be said for candidates who can bring rich life experience to the insulated world of judicial abstraction. At least President Bush will get another chance if Chief Justice William Rehnquist, now battling cancer, steps down. In fact, an off-the-bench replacement would only be appropriate. Before President Nixon tapped him for the high court, Rehnquist was an assistant attorney general in the Justice Department. Though he had never donned a black robe before, he now wears one with four gold stripes.







I have wondered just what years of experience as a lawyer really gets us in a justice. For instance: for decades, Congress has gotten away with using the term "establishment of religion" as a complex verb, passing all manner of laws regarding religious institutions using this dodge. Were I a justice, I would ask people where they got that idea - because people have no problem recognizing the "establishment" when referring to a political administration or a bar as being a noun.
I'd be in big trouble immediately, though, because I have no idea why a church should be exempt from taxes, considering we have no way to define a church.
Radwaste at August 8, 2005 3:56 PM
"Establishment" in the dictionary sense is a noun denoting an action:
1. The act of establishing.
2. The condition or fact of being established.
You can look it up. At the time the Constitution was written, it meant government-sponsored religion, like the Church of England, where even today the head Bishop is taken from a list of two names submitted by the Prime Minister to a church committee.
Richard Bennett at August 16, 2005 6:50 PM
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