~ Oath of the Supreme Court justice
The past 10 days brought to the fore two well-known traitors of the Republican Party; two proud enemies against America’s most sacred and enduring principles like truth, loyalty, justice, godliness and respect for the original intent of the Constitution’s framers – Pennsylvania Sen. Arlen Specter, who last week switched from being a Republican to a Democrat, and Justice David Souter, who last weekend announced his intended retirement from the Supreme Court effective at the end of this term.
When Souter ascended to the Supreme Court 20 years ago I was a young graduate student getting ready to attend law school. Although I had only been a conservative for less than two years, even then I understood that Bush-41 had made two grave errors in nominating David Souter to the high court:
- Bush did not have a list of several exemplary conservative candidates that he personally knew to nominate to the Supreme Court when arch-liberal William Brennan’s seat became open in 1990;
- Bush was gullible and seemingly indifferent to the extreme gravity of this position to allow his chief of staff and former New Hampshire governor, John Sununu, a well-known RINO (Republican in name only) to pick some unknown, unproven, unremarkable jurist who lived with his mother and didn’t have his own wife and children.
I am one of the few writers today to openly speculate that Souter’s cloistered, monastic existence with mother dearest ostensibly gave this man a bitter resentment toward the American people, which impaired his ability to rightly judge on the weighty issues that hundreds of millions of people would be compelled by law to follow.
Bush-41′s nomination of Souter to the high court was beyond the pale. That the Republicans approved this man – the vote was 14 to 3 in the Senate Judiciary Committee and 90 to 9 in the full Senate – shows how politically lazy and naive the Republicans were in 1990. With the ascension of Souter, along with Sandra Day O’Connor (1981) and Anthony Kennedy (1988), history has judged that the GOP foolishly frittered away their only chance in a generation to have a solid conservative majority on the Supreme Court, which is one of the major reasons why today Republicans are in the minority in all three branches of government.
When Obama referred to Souter as “a fair-minded, independent judge who defied labels,” that is a big lie. Souter is a liberal activist judge who believes that the Constitution is a “living document” that can be manipulated at-will to fit a radical, secular, socialist agenda. As far as relying on the constitutional text for judicial guidance is concerned, Souter’s 19-year legacy on the Court showed him to be a modern-day Benedict Arnold.
There is not one judicial opinion that I’ve read of the hundreds Souter authored, concurred in, or dissented that is in any manner respectful of the original intent of the Constitution’s framers. By failing in this, his only lawful duty as a judge, Justice Souter has repeatedly and grievously violated his oath of office to: … support and defend the Constitution of the United States against all enemies, foreign and domestic.
Chairman Maobama continued his propaganda screed praising Souter: “I will seek someone who understands that justice isn’t about some abstract legal theory or footnote in a casebook; it is also about how our laws affect the daily realities of people’s lives, whether they can make a living and care for their families, whether they feel safe in their homes and welcome in their own nation.” This “social justice” requirement by Obama is a patent violation of the judge’s oath: … that I will administer justice without respect to persons, and do equal right to the poor and to the rich.
In conclusion, Obama said, “I view that quality of empathy … as an essential ingredient for arriving at just decisions and outcomes.” “Empathy” is not the job of a judge and violates the oath’s provision: … that I will faithfully and impartially discharge and perform all the duties incumbent upon me.
On this point I am convinced that two of Obama’s past law professors at Harvard, Laurence Tribe and Charles Ogeltree, as well as Elana Kagan, past dean of Harvard Law School and Obama’s current solicitor general, are deeply involved in advising him on whom he should appoint to the Supreme Court. I cannot definitively prove this assertion, but having studied the writings of Tribe and Ogeltree in detail for over 20 years, Obama, the sophist and Manchurian Candidate, is mimicking the conventional thinking of the secular humanist law academy. Trust me.
Sen. Arlen Specter is a treacherous RINO Republican of the lowest ilk. Likewise, Justice David Souter never was a conservative jurist, but a stealth liberal activist judge that used Machiavellian tactics to ascend to the high court, treacherously allied with the liberal wing for 19 years and cunningly waited until George W. Bush left office to retire so that the son of the father that nominated him wouldn’t have the opportunity to replace him with a real conservative justice.
That’s why I knew the fix was in when the Republican dupes led by “Benedict” Arlen voted Souter into office with more votes (90 to 9) than Clarence Thomas, Bush-41′s next nominee, who received a 52 to 48 vote the following year!
For almost 20 years, Souter reveled and delighted in ramming his radical liberal activist opinions down the throats of the conservatives, the Christian right and the majority of American citizens who still believed that a judge’s only legitimate duty is to interpret the Constitution according to the original intent of the Constitution’s framers, not to show “empathy” and legislate from the bench as Souter has done.
Justice Souter’s entire judicial legacy on the Supreme Court amounts to the cold, duplicitous kiss of a Judas.
And that’s why I spell traitor S-O-U-T-E-R.
Ellis Washington, currently a professor of law and political science at Savannah State University, former editor at the Michigan Law Review and law clerk at The Rutherford Institute, is a graduate of John Marshall Law School and a lecturer and freelance writer on constitutional law, legal history, political philosophy and critical race theory. He has written over a dozen law review articles and several books, including “The Inseparability of Law and Morality: The Constitution, Natural Law and the Rule of Law” (2002). See his law review article “Reply to Judge Richard Posner.” Washington’s latest book is “The Nuremberg Trials: Last Tragedy of the Holocaust.”