Thursday, July 16, 2009

Confirmation hearings, round three: They're against it, except when they are for it

Maybe it's because I've actually cited the Canadian Constitution in a brief before. Or maybe it's because I think if we brought the "common law" over from England, we kind of have some foreign law in us...but I've never really understood the rights obsession with the evils of "foreign law." I also never realized it was a bad thing to empathize with someone. In fact, in my experience, most judges go out of their way to let the people who appear before them know how badly they feel for them, usually right before the say, "BUT...the law requires me to (insert ruling against person here)."

However, as with most of the stuff that seems to get the Glenn Becks and Rush Limbaughs of the world in a tiff...whatever.

It's hard to take the right's criticisms of Judge Sotomayor seriously when they so easily flip their positions on two of their key criticisms.

Yesterday, Sen. Tom Coburn (R-OK) says:

"We don't want judges to consider legislation and foreign law that's developed
through bodies, elected bodies outside of this country."


Then today, after apparently coming to the river on the intelligence of foreigners overnight, Coburn says:

"What I was trying to draw out to you is, where do we stand in this country when
80% of the rest of the world allows abortion only before 12 weeks, only before
12 weeks? "And yet we allow it for any reason, at any time, for any
inconvenience under the health of the woman aspect."


Or you could focus on the GOP's big witnesses today being the firefighters from the Ricci case, who apparently, the GOP now wants America to empathize with, even thought they don't think that kind of stuff has any place in the courtroom.

Good stuff. Sotomayor is going to be confirmed. Hope you all enjoyed the dog and pony show.

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