Lithwick, however, being a typically clueless Supreme Court correspondent, fails to understand that the truth is precisely the opposite. It's thickheadedRepublicans who've consistently underestimated the importance of the court (David Souter, anyone?). Lithwick seems characteristically oblivious to just how effectively her side has utilized the federal courts to implement a wholesale agenda that the American voters would never approve (and have never approved, incidentally).
Something magical happens when judges are confirmed to the bench. They become oracles, and we as a nation just stop caring about their activities.I couldn't agree more. We let the court get away with way too much. But amazingly, Lithwick sees the high court as a monolithic organ for conservatism (which ought to show us exactly how whacked out her own political agenda is). She whines:
We hear nothing about judges who refuse to grant abortion waivers. We hear nothing about judges who refuse to be bound by civil rights law. The fact that Bill Pryor, President Bush's recess appointee to the 11th Circuit Court of Appeals, just cast the deciding vote not to hear a case challenging the Florida law preventing gay couples from adopting went almost completely unnoticed in the national media.This is enough to agitate poor, dead Harry Blackmun even now (and I suspect he's already plenty agitated--and more than a little well-done--where he's at). I mean, what do you have to do to satisfy these people?
Over the past 30 years, federal courts have imposed on an unwilling nation--by judicial fiat --abortion on demand (resulting in over 40 million abortions), homosexual marriage, the constitutional right to sodomy, busing, racial preferences in school admissions and hiring, and a host of other "progressive reforms."
If this is a "conservative" judiciary, one wonders what acts of leftist judicial legislating would satisfy the likes of Lithwick. Court-ordered bong hits? Federally mandated transgendered grief counselors for pansexual goths? Better get to it, guys and gals, there's lots more work to be done. You have yet to manuf...er...discover a constitutional right to bovine beastiality.