20 April 2005

Must... avoid... urge... to... rant...

    To call you stupid would be an insult to stupid people.
      A Fish Called Wanda
Fresh from his apology for shooting his mouth off about the judiciary, Tom Delay yesterday was shooting his mouth off about the judiciary. He just won't let this thing go.

And why Kennedy? He's not exactly the liberal poster-child, is he? To me, it's just one more case of the Republicans eating their own; more evidence of the Big Tent Lie. The Grand Ole Party welcomes diverse viewpoints during an election. They're one big happy party. But when the election's over, well, then only blind obedience is acceptable. Disagree and you'll get smacked. I think that's why DeLay is so pissed at Kennedy. But let's consider the crimes of Supreme Court Justice Anthony Kennedy.

Topping out DeLay's list is Kennedy's citing International Law in his opinions. "We've got Justice Kennedy writing decisions based upon international law, not the Constitution of the United States? That's just outrageous," he says. When you say it like that, it certainly sounds bad. Now, let's find the truth of the matter. This article, by Deborah Pearlstein, lays it all out. You should read the article, but here's a quick summary: The "foreign law" cases are one of three types:
  • Enforcing international court rulings that we agreed to adhere under treaty obligations. Treaties are, per the Constitution, U.S. Law. Have no fear, though. The White House is pulling out of those pesky treaties (details in the Pearlstein article).
  • Considering international societal norms in deciding whether a punishment should be considered cruel or unusual. This is nothing new. The alternative is to only consider what was cruel or unusual in 1787. But, then, the RRR would probably like that....
  • Reviewing how foreign courts have resolved similar issues. Man, looking at how someone else solved a similar problem. Can't do that.
Boy, I really see what DeLay's talking about. Kennedy wants World Government! Run, run for your lives!

Now international laws are bad enough in the minds of judges, but it gets worse, oh yes. Justice Kennedy has... I can't even find the strength to type if. I'll let Tom tell you: "And not only that, but he said in session that he does his own research on the Internet? That is just incredibly outrageous."
So there you have it. What Tom DeLay is most afraid of is an informed judiciary. Okay, no surprise there.

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