Jeff Sessions and the Tabula Rasa

Senator Jeff Sessions says that the ‘Publicans won’t filibuster Judge Sontomayor, but they’re going to ask some darned tough questions:

“We have an absolute constitutional duty to make sure that any nominee, no matter what their background and what kind of life story they have . . . will be faithful to the law and not allow their personal views to influence decision-making.”

Of course, we all have personal views and impersonal views. The former are judgments that we come to ourselves, based on our experience and understanding of the world around us, and, in the specific case of judges, on their understanding of the law. Our impersonal views, far more reliable and impartial than our personal views, our whispered to us by Fifth-Dimensional elves who are utterly impartial in everything they do.

More seriously, you would expect that anyone with the apparent intelligence of Judge Sotomayor would be able to ground any defense of their personal views in the law… which would make them legal views. Then again, we saw Justice Kennedy fail to do just that in a case recently approving restrictions about abortions. His decision said he figured women might feel bad about them. That’s not the law, that’s personal… But I doubt that’s the example Sessions was thinking of.

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One Response to “Jeff Sessions and the Tabula Rasa”

  1. Shaun P. Says:

    Hmmm . . . faithful to the law, eh, Senator? Last time I checked, the law of the land is that a woman has a right to an abortion - though limited in many, many ways - and because Sessions wants to make sure Sotomayor is faithful to the law, I have no doubt he’ll be pleased to know she would not overturn Roe.

    Hey, how did Alito and Roberts get by Sessions and his “faithful to the law and not allow their personal views to influence decision-making” requirement?

    There’s a lot more that could be said here, but I’ll say just a bit of it. I’m 99.9% sure that Scalia’s personal view is that abortion is morally wrong. However, I’m equally sure that such thoughts are not the basis for Scalia wanting to overturn Roe (whatever the Religious Right would like to believe). Rather, Scalia thinks Roe should be overturned because, IN HIS PERSONAL VIEW of how the Constitution works and should be interpreted, Roe was wrongly decided on Constitutional grounds. There’s that personal view thing again!

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