Monday, January 09, 2006

Shrinking Brownback

More Alito shrinkage

Using MS Word to summarize Sam Brownback's (R-KS) opening statement:
Seems like we're back at an old debate: the role the courts. Chief Justice Marshall later explained in Marbury v. Madison, the Constitution permitted federal courts neither to write nor execute the laws but rather to say what the law is. The people believed that while the courts would be independent, they would defer to the political branches on policy issues. This has long been the case of the Supreme Court. In recent years, even as the court has become an increasingly political body, the Senate is not focused on preserving any perceived ideological balance when Democrat presidents have appointed people to the court. As I stated at Justice Roberts' hearing, the court's injected itself into many of the political debates of our day. Among the most famous of these Supreme Court cases of exercise of political power I believe are the cases of Roe V. Wade and Doe v. Bolton, two 1973 cases based on false statements which created a constitutional right to abortion. The court created it.

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