Tuesday, June 2, 2009

Why Obama Voted Against Roberts

The Wall Street Journal has a transcript of Barack Obama's remarks regarding his reasoning for voting against confirming John Roberts as Chief Justice of the Supreme Court.
According to Obama, "he seemed to have consistently sided with those who were dismissive of efforts to eradicate the remnants of racial discrimination in our political process." Apparently Obama thought Roberts was a racist.
Not only that, Obama also thought Roberts discriminated against women, claiming sexism. "He seemed dismissive of the concerns that it is harder to make it in this world and in this economy when you are a woman rather than a man."
Obama voted against Roberts because he claimed Roberts consistently sided with people who ignored or even perpetuated racial discrimination and with people who ignored or perpetuated gender inequality.
Obama claimed that as a legal academic he weighed methodology rather than results. "What engenders respect is not the particular outcome that a legal scholar arrives at but, rather, the intellectual rigor and honesty with which he or she arrives at a decision."
Despite his words to the contrary, however, Obama voted against Roberts based solely upon political ideology and societal activism. Despite his claims to the contrary, Obama did not respect his "intellectual rigor and honesty" in his decision-making. Obama claimed, "I ultimately have to give more weight to his deeds and the overarching political philosophy that he appears to have shared with those in power."
Obama also spoke very highly of Roberts as highly qualified, of good temperament as a judge, and a decent, respectful person. According to Obama, in 95% of the cases Roberts would serve as an excellent Supreme Court Justice. The other 5%, however, those cases which require "empathy," disqualify him in Obama's mind.
"In those cases, adherence to precedent and rules of construction and interpretation will only get you through the 25th mile of the marathon. That last mile can only be determined on the basis of one's deepest values, one's core concerns, one's broader perspectives on how the world works, and the depth and breadth of one's empathy."
According to Obama's judgement, Roberts did not possess the right kind of "empathy" to merit a seat on the Supreme Court. Never mind that justice is supposedly blind.
Thus we get the nomination from now President Obama of a candidate who does possess his preferential "empathy" in which justice is not blind, rather it keeps one eye open as it shows preference based on economic status, race, and gender.

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