Monday, April 11, 2005

Against Impeachment

As sympathetic as I am with the goal, I don't think impeachment of Justice Kennedy is a stupid idea. We need a better way to allow the public to overrule bad decisions on the basis that they intrude upon the rights of other branches and of state governements, in the cloak of interpreting the Constitution which mentions neither abortion nor homosexuality. Justice Kennedy's invoking of international trends as a ground for overruling legislative decisions is a clear showing that some justices see themselves as representing an elite class, rather than being impartial and handling cases individually while leaving policy and lawmaking up to those who are elected. Occasionally, as in the case of Jim Crow laws, the court may have to strike down democratically enacted laws, but that is a very rare situation where no basis other than skin color, ancestry or ethnicity can be cited to support the law. That's why the court has not explicitly prohibited any discrimination on the basis of sex.

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