Tuesday, August 09, 2005

Mario the Pious

It was 1960 and John Fitzgerald Kennedy was campaigning to be the first Roman Catholic president of the United States. The burning question was whether his faith would interfere with his ability to lead the country in accordance with the Constitution. Democrats argued that Kennedy would give precedence to the law of the land as he had in the Senate. The electorate thought so too and we had our first Catholic president.

Now it is 45 years later and the Democrats have changed their spots. All of a sudden it is a big deal, a danger even, that Judge John Roberts who was nominated to the Supreme Court is a Catholic. Now they want to know whether he will take orders from the Pope.

That’s right, former NY Governor Mario Cuomo, a Catholic Democrat who tangled with the church on the politics of abortion, wonders (in USA Today) if Roberts upheld the abortion law, the bishops who went after Kerry would have to say that it's different for a judge, but that would be very hard to explain.

The Democrats have resurfaced the intellectual giant Mario the Pious because the Dem Senators know the people would be outraged if they followed that line of inquiry.

Mario also attacks Judge Roberts from the bizarro world of upside down politics. He claims that President Bush, by nominating Judge John Roberts, seeks to put on the Supreme Court a justice who will help achieve significant changes in laws through judicial decisions that the political branches of our government have failed to deliver. That would include limitations on abortion and the separation of church and state.

Think about that for a minute. Did he actually say he’s worried Roberts would achieve significant changes in laws through judicial decisions??? But that’s exactly what Roberts most opposes. Roberts believes in the Constitution, in the separation of powers, and that the legislative body makes the laws not the judiciary. So is Cuomo arguing for what Roberts believes?

Don’t believe it for a minute. Mario the Pious is a liberal Democrat and as such he wants the judiciary to make laws, as long as they are “progressive” laws. He’s absolutely delighted that previous Supreme Courts have uncovered nonexistent rights in the Constitution, such as the (unlimited) right to abortion, and nonexistent restrictions, such as the wall of separation between church and state.

Democrats like Cuomo cannot accomplish their policy aims via the democratic process so the only recourse they have is to force them through the courts.

When Roberts was appointed to the appellate court he swore to faithfully uphold the laws of the land? The only question he must answer now is whether he will faithfully interpret the Constitution. We already know the answer.

ps Thanks to Rush for the title, Mario the Pious.


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