“No Man’s life liberty or property is safe while the legislature is in session”.

- attributed to NY State Judge Gideon Tucker

Tuesday, October 5, 2010

Pat Leahy's Unconstitutional Supreme Court Plans

Leahy wants to certify ex-Supreme Court judges to replace those who recuse themselves, to avoid potential 4-4 splits.

This is a classic example of an unconstitutional 'solution' for a non-existent problem. The nation has functioned since 1789 without the benefit of this enlightened fix.

Why is Leahy so concerned now?

A Wall Street Journal article in yesterday's edition noted that just-seated justice Kagan will likely recuse herself, as former Solicitor General, from dozens of cases. In order to get a liberal tilt to any decision, Leahy wants to use retired justices, all of whom are either liberal, or more liberal than conservative (Sandra Day O'Connor).

It's a very transparent and cynical ploy on Leahy's part. And likely totally unconstitutional, as well.

But when has that ever stopped either party's Congressional Members in the last hundred years?

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