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You Should Read Every Word They Write:
Friday, March 11, 2005In National Review (digital version just out today), Judge Robert Bork deftly shreds the Supreme Court's recent Roper decision regarding the execution of murderers who were under 18 when they murdered. Here are some of the most damaging cuts:
The Court majority once more exhibited for all to see that dazzling combination of lawlessness and moral presumption which increasingly characterizes its Bill of Rights jurisprudence.Judge Bork then moves on to analyzing where we are and where we're going.
What is really alarming about Roper and other cases citing foreign law (six justices now engage in that practice) is that the Court, in tacit coordination with foreign courts, is moving toward a global bill of rights. Neither our courts nor the foreign courts are bound by actual constitutions. Prof. Lino Graglia was quite right when he said that "the first and most important thing to know about American constitutional law is that it has virtually nothing to do with the Constitution." That is certainly the case with the Bill of Rights. From abortion to homosexual sodomy, from religion to political speech and pornography, from capital punishment to discrimination on the basis of race and sex, the Court is steadily remaking American political, social, and cultural life. As Justice Antonin Scalia once said in dissent, "Day by day, case by case, [the Court] is busy designing a Constitution for a country I do not recognize."If only Judge Bork had survived the confirmation process, Justice Kennedy would still be twiddling his thumbs wherever he was and we wouldn't have decisions like Roper to deal with. We would have a court more likely to uphold the constitution than trample it. If only ....
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