Leahy Drinks The Same Kool-Aid as Byrd!“Democrat would oppose activist” is the headline staring me in the face from my paper (The Times Union- Jacksonville) this morning. In an article from the AP, I find out that Judiciary Committee Democrat Patrick Leahy will vote against John Roberts if the Judge seems likely to pursue an “activist” philosophy.
And just what kind of activism was he talking about? According to Leahy, that would be the activism of Scalia and Thomas. That’s correct, they are “activists” because they have knocked down parts of the Violence Against Women Act, environmental acts and child safety legislation. Leahy says “ Scalia and Thomas have almost willy-nilly overruled things”
Let’s see if I have this straight. A SCOTUS Judge that rules a law or part of a law unconstitutional based on WHAT THE CONSTITUTION SAYS is an activist. A SCOTUS Judge that strikes down new “rights” discovered by lawmakers, but not allowed by our Constitution, is an activist.
A SCOTUS Judge that sites foreign law and the will of the people of the world isn’t an activist. A SCOTUS Judge that read the line “Congress shall make no law…” and then decides that Free Speech only applies to pasties on breasts, but not political speech isn’t an activist.
He went on to say that “Any SC nominee who doesn’t agree that Roe vs. Wade is established legal precedent would have difficulty getting confirmed.” Does the Senator wish to ponder how stupid that statement would sound if you take out Roe vs. Wade and insert Dred Scott? …. “Any SC nominee who doesn’t agree that Dred Scott is established legal precedent would have difficulty getting confirmed.” How pathetic.
I’m sorry Senator Leahy, but you are not qualified to be Scalia or Thomas’s dog washer and you embarrass the people of Vermont with this kind of rhetoric.