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INTERMITTENT NOTESXML

The Wages of Falsity

Moses Breaks the TabletsWith his nomination of Sonia Sotomayor to the Supreme Court at least one thing has become clear: Mr. Obama is not now by any stretch of the imagination a liberal, but someone of the conservative leaning center-right. That's better than having an ultra-rightwing ideologue as President, but by how much? It's also worth noting that of the Catholics now on the Court, four — Roberts, Scalia, Thomas, and Alito — are ultra-rightwingers, and the fifth, Kennedy (who, let's not forget, was Reagan's back-up for Bork), as a sometimes swing vote obviously disappoints his original constituency. Setting aside the, to me, tremendously interesting question why in theory Catholic jurists would tend to be conservatives, in practice the Catholic Supremes have repeatedly demonstrated that they are mainly interested in two things: "how do we figure out what the rule is?" and "how do we get around the rule?" They have little to no interest in using notions about justice to determine what the rule of law should be.

Part of the reason Presidents have put so many Catholics on the Court is that, their being reliably to the right, it's relatively straightforward to get the nominees through a rightwing Senate. Another part of the reason, probably worth the research for a law journal article somewhere, may be that it's getting very hard to find sitting judges of a mainstream Protestant background — that is, explicitly not evangelicals — who do not tend towards center-liberal or liberal-liberal views; who, moreover, would tend to express their ideas about justice in their own (perhaps even idiosyncratic) theoretical terms.

It's a pity that the legal framework for American government, devised by WASPs, can no longer be interpreted by them. Independent thought has become too dangerous. Even so, six Catholics on a nine seat bench is simply too many. If I were a Senator I'd vote "no" on Judge Sotomayor.

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