Today, (July 11,2009), we began the “dog and pony show” that is the confirmation hearings,  for Supreme Court Nominee Sonya Sotomayor, and sadly by the time this article reaches print, it will be all but over.  This highly disputed nomination, by virtue of the sheer mathematical numbers retained by Democrats within the Senate, will end unfortunately, with this judge sailing through and obtaining the appointment. It’s a lock!

I, as a firm believer that justice, can only be served properly, when this justice is blind, am leery of the ramifications of this and all appointments to our Supreme Court. An appointment for life!, equal in it’s importance as the third leg of our “Governmental Stool”, the Executive and Legislative Branches being the other two. It is the Supreme Court who as key elements to our “Checks and Balance” designed by our nation’s founders, that is tasked with the ultimate responsibility in ensuring that the rights and freedoms we as Americans retain, are never infringed upon by either of the two other branches of government, as they battle back and forth amongst themselves, and amongst each other on partisan issues.

They, the Justices of the Supreme Court are our Constitutional authority, who must defer to the Constitution in all matters. Without consideration to the side issues, however personally  “empathized” with, and render their decisions based upon Constitutionality, without any regard to status, wealth, age, creed, color, religion, ethnicity, or any of the  many various cultural divisions that we all share whether willingly or not. Justice, must be blind for one and all.  She cannot peek out with one eye, from behind her blindfold for one second to see who is there, or we will see the, “justice” factor in our judicial system replaced by the, ”just this once”,  factor.”

We have all seen individual legal cases, whereas, for many different reasons, we have found ourselves on the opposing side in the decisions reached. The lower court system can many times seem an unjust playground, where the participants have found empathetic jurors or judges based on commonalities of wealth, fame, or individual culture. Decisions like these, no matter which is favored, are wrong and go against the overall concept and practice of a justice system that is fair to all. Which is why they find their way to the Supreme Court, where the matter of Constitutionality must be applied evenly. Again, the Supreme Court is our fail safe against tyranny.

Our nation has for many years struggled with and fine tuned this system of equal justice, (an act still in progress), but this fine tuning has always remained and should always remain, against a backdrop of the Constitution. In short, we have come along way baby! Aristotle, would I think be pleased. Are we perfect?, maybe, maybe not!, but it would be through changes within the Constitution’s framework that any unprecedented legal judgement should find quarter and not within the confines of any court’s sensitivities of makeup.

This process of confirmation however, designed as an exercise in trying to construct the most “just” Supreme Court, falls short and becomes nothing more than just another venue for the ongoing two party battle, plagued by political posturing, pious bloviation and an obvious,(at least to me), nationally broadcast platform used by it’s committee membership seeking to please regional or national voting blocks.

The further politicization of the process itself can be easilly exemplified by the stunning appointment of recently sworn in junior Senator from Minnesota, Sen. Al Franken. The same Al Franken who’s election and ratification gave the Senate Democrats, a filibuster proof, 60 vote majority.  This is a major committee seat, and far be it from me to theorize that this committee membership is an anyway a ” pre-payment of compliance” when it comes to that magic number, 60, let’s just say it appears that  arrogance has few limits.

A statement of import when considering the many Democrats  were poised to filibuster Supreme Court Justice Samuel Alito’s confirmation just a couple of years ago, one of which, being the then Senator from Illinois Barrack Obama. Who himself cast only “No ” votes, on the Bush Administration’s appointees, having cited the need for justice to be blind of  (conservative) activism from the bench,  now as President seeking an empathetic Supreme Court Justice.  How things have changed in two years.

Look back at past confirmation hearings, remember Allan Bork, Clarence Thomas, and others who were cast into this meat-grinder. Do you recall the tears from Mrs. Alito as her husbands character was challenged and aspersions of racism were cast about fraudulently and cynically. Yet today, we are being told that any “Racially or Ethnic” based statements of  ideology or rulings  by Judge Sotomayor, should be disregarded and cast aside as insignificant..

All one must do is read the “oath” taken and sworn to by appointed Supreme Court Justices, to understand exactly what it is that they should and “Must! ” do.  It reads as follows;

“I, [NAME], do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as [TITLE] under the Constitution and laws of the United States. So help me God.”

That oath, says all that one should have to say about our supreme court and the way it is mandated to apply it’s responsibilities.

Truth be said, Administrations have always tried to stack the deck within our Supreme Court to favor their political ideologies.  Did anyone really have a doubt that if a Democrat was elected during a time when a seat on the court became available, that they would nominate a liberal leaning judge. The republicans would have done the same thing only with a conservative twist.

The Obama administration however, found a new way to avoid opposition. By nominating Judge Sonya Sotomayor, he not only nominates a female to the bench, but a woman who would also become the first person of an Hispanic background  to the highest court in the land,(One again, the flag of “Historical Significance” is raised high in importance). This opportunity to ensure his intent to bring empathy to the court, is fast-tracked by the fact that Republicans and any unenthusiastic Democrat,  would likely face the possible and threatened, political backlash of not confirming such a “woman and hispanic”.  Hardly a  news report is broadcast that does not mention the “hispanic voters” concerns, and it’s effect to both parties in future elections and “Re-elections”.

This offends me, as it should offend all Americans, including those of Hispanic origin. We must ensure that in matters, that do reach the highest and most definitive court in the land, all decisions reached in judment, must be backed by and within, the confines of the Constitution, and remain void of the taint from personal empathy of any kind, and equally,  of some progressive reach to following international guidelines.

I believe, that the only empathy made by our Supreme Court, should be in regards to the lives led by our forefathers and their forefathers, all of which came to bear as they formulated our Government and it’s respect to the “rights of the people”, and to the “rule of law”. We will never be the nation we were born to be, unless and until, we stop trying to repay historical transgressions of the past, or seeking  individual and cultural advantage in legal adjudications today.  We are all equal in the eyes of the law, and that is the only aspiration that will sustain a nation of so many different cultural, ethnic and religious origins. Thank the blind lady of justice daily!, and hope she remains that way.

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