Those Activist (Republican-Appointed) Judges

[FreeState]

http://andrewsullivan.theatlantic.com/the_daily_dish/2009/04/those-activist-republicanappointed-judges.html

Evan Wolfson emails to note how so many judges who have backed simple civil equality for all citizens have appointed by Republicans:

Massachusetts (Goodridge, 2003) Margaret Marshall, appointed by Chief Justice Gov. Weld (R) in 1996, elevated to Chief by Gov. Cellucci (R);

in 1999 California (In re Marriage Cases, 2008) Ronald George, Chief Justice appointed by Gov. Wilson (R) in 1991, elevated to Chief by Gov. Wilson (R);

in 1996 Connecticut (Kerrigan, 2008) Richard Palmer, Associate Justice appointed by Gov. Weicker (Ind.); in 1993 -- Note that Weicker was a Republican during his time in the House and Senate. He won the governorship as an independent.

And today, in Iowa (Varnum, 2009) Mark Cady, Associate Justice, appointed by Gov. Branstad (R) in 1998.

[SoCalNative]

1. Yes but of course the FReepers

will say that they're just RINOs and traitors to the party, and there should be a recall effort begun because they do not uphold the will of the "people."

[Solon]

2. One thing I seem to notice is that the judges that are most likely to rule based on law and...

precedence are those who leave their ideologies at the door when they enter the courtroom. Ideological Judges(like Scalia, Thomas) are the big problem.

[imdjh]

3. The question is one of human nature

Lower court judges who have no hope or desire of sitting in the big chairs issue crazy rulings all the time. They don't care, as long as they don't lose their jobs. They have a nice house, a mercedes, a wife who can hold her liquor, and a membership at the country club.

Supreme Court judges are something else. These are MAJOR MAJOR EGOS at work. Just like any national office. In that light, Scalia is still something of a puzzle. Yes, he claims to be a devout Catholic, in a way we normally associate with flogging oneself or belonging to a secret society that meets in the tomb of an unconsecrated saint, but he's also a politician and an egotistical asshole on a major order.

Disclaimer- I absolutely despise Scalia on a variety of grounds some of which I can't defend.

Look at what Scalia has done. He wrote the dissent in Lawrence, and kept his right wing papal credentials in tact. But what did he actually say? He in essence said that The Court had just removed ANY legal reasoning for upholding laws against gay marriage. He has also spoken on the subject on the outside, showing his considerable bias against gay rights. So he has either set himself up to recuse, or he's set himself up to side the the majority in favor of gay rights and absolved himself of choice in the matter.

Scalia wants to be remembered as a brilliant Justice. They all do. That doesn't happen when you vote against civil rights. That doesn't happen when you uphold a bad law, or even a good law. That ONLY happens when you "make new law".

Scalia might surprise us.

[Solon]

4. I don't think his ego is bigger than his conservative ideology...

Scalia is an ideologue and makes no secret of that, I don't think he cares whether he goes down in history as a Judge who opposes equal rights, because he doesn't view it that way in the first place. In his twisted mind, he's fighting against his own definition of "immorality" and "depravity" so to say that he's willing to put that aside for posterity's sake is being a little too optimistic.