Thursday, January 12, 2006

The Politicization of Our Courts

A 1986 Case Could Aid Appeals Along Death Row
By LINDA GREENHOUSE
A Supreme Court argument suggested the court might be more
willing to listen to death row inmates seeking to present
claims of innocence.

http://www.nytimes.com/2006/01/12/politics/politicsspecial1/12scotus.html?th&emc=th

..................

It is rather disconcerting to see the breakdown of judicial decision-making along party lines -- Republican versus Democratic appointees. Certainly a number of first rate minds in the latter category have not been considered for our courts by accidents of Republicans in appointing positions. And even more disconcerting is the pattern of voting by judges -- even on the most critical life and death issues such as the risk of executing the innocent -- with Republicans dodging behind technicalities and Democrats voting for just dispositions. One cannot hope for much from Judge Alito along these lines as I have listened to him hedging on such things as precedent and judicial decision-making, earlier prejudicial positions that denied equal rights to too many. One hopes for the best, but fears the worst with our newly constituted courts. Perhaps the intelligent designer will intervene?
--
"A war is just if there is no alternative, and the resort
to arms is legitimate if they represent your last hope." (Livy)
--
Ed Kent 718-951-5324 (voice mail only) [blind copies]
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