Comment

Overnight Open Thread

741
jcm7/14/2009 7:44:40 am PDT

re: #708 MandyManners

Negative liberty v. positive liberty.

A recurring theme.

Sen. Obama’s Floor Statement on the Confirmation of Judge Samuel Alito, Jr.

In sum, I’ve seen an extraordinarily consistent attitude on the part of Judge Alito that does not uphold the traditional role of the Supreme Court as a bastion of equality and justice for United States citizens.

Equality and Justice, Alinsky themes, “rule of law” does not appear in the statement.

Remarks of Senator Barack Obama Confirmation of Judge John Roberts

The problem I face — a problem that has been voiced by some of my other colleagues, both those who are voting for Mr. Roberts and those who are voting against Mr. Roberts — is that while adherence to legal precedent and rules of statutory or constitutional construction will dispose of 95 percent of the cases that come before a court, so that both a Scalia and a Ginsburg will arrive at the same place most of the time on those 95 percent of the cases — what matters on the Supreme Court is those 5 percent of cases that are truly difficult. In those cases, adherence to precedent and rules of construction and interpretation will only get you through the 25th mile of the marathon. That last mile can only be determined on the basis of one’s deepest values, one’s core concerns, one’s broader perspectives on how the world works, and the depth and breadth of one’s empathy.

Again “rule of law” is not mentioned.