Commentary Magazine


Topic: Columbia Law School

The Left Tips Its Hand on Supreme Court Selections

The New York Times provides a forum for various legal gurus to expound on the Supreme Court selection. It is instructive about how liberals have come to view the courts. First up is Lani Guinier, who considers it the Supreme Court’s job “to place their imprimatur on perceptions of what is right and wrong.” That’s what we need — the high priests of right and wrong imparting wisdom on the rabble of democracy. Good to know.

Another job for the Court: running corporate America. This brain storm comes from Jamal Greene of Columbia Law School:

I would love to see President Obama nominate Elizabeth Warren to the Supreme Court. Ms. Warren is the whipsaw-smart Harvard Law professor and bankruptcy expert chairing the Congressional committee charged with oversight of the bank bailout, which she has strongly criticized. …

It would be difficult, moreover, for Republicans to put up much of a fight against a Supreme Court nominee who was willing to publicly dress down the president’s own Treasury secretary over financial regulation. It might be too much to ask for a confirmation hearing dominated by straight talk about the crisis facing middle- and working-class Americans rather than by baseball analogies, but Elizabeth Warren is our best hope.

Alas, this is how liberals have come to view the Court — as a racial- and gender-preference bonanza, a set of philosopher kings, and an uber-legislature. That the Court has a specific, limited task in our Constitutional system is lost on them. In voicing its views of the Court, the left also reveals its fundamental contempt for the idea of impartial judging and for our democratic system — that is, self-rule by elected leaders. For the left, it’s all about getting judges of the right gender or race who can override the “errors” of the democratic system.

The New York Times provides a forum for various legal gurus to expound on the Supreme Court selection. It is instructive about how liberals have come to view the courts. First up is Lani Guinier, who considers it the Supreme Court’s job “to place their imprimatur on perceptions of what is right and wrong.” That’s what we need — the high priests of right and wrong imparting wisdom on the rabble of democracy. Good to know.

Another job for the Court: running corporate America. This brain storm comes from Jamal Greene of Columbia Law School:

I would love to see President Obama nominate Elizabeth Warren to the Supreme Court. Ms. Warren is the whipsaw-smart Harvard Law professor and bankruptcy expert chairing the Congressional committee charged with oversight of the bank bailout, which she has strongly criticized. …

It would be difficult, moreover, for Republicans to put up much of a fight against a Supreme Court nominee who was willing to publicly dress down the president’s own Treasury secretary over financial regulation. It might be too much to ask for a confirmation hearing dominated by straight talk about the crisis facing middle- and working-class Americans rather than by baseball analogies, but Elizabeth Warren is our best hope.

Alas, this is how liberals have come to view the Court — as a racial- and gender-preference bonanza, a set of philosopher kings, and an uber-legislature. That the Court has a specific, limited task in our Constitutional system is lost on them. In voicing its views of the Court, the left also reveals its fundamental contempt for the idea of impartial judging and for our democratic system — that is, self-rule by elected leaders. For the left, it’s all about getting judges of the right gender or race who can override the “errors” of the democratic system.

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