VFR on John Roberts in 2005—Part IV
My September 18, 2005 entry on John Roberts’ confirmation hearings is highly significant in terms of the naked law-making in which Roberts engaged in today’s decision. Here is the conclusion of the entry:
So, in the same hearings in which Roberts forthrightly affirmed the fundamental constitutional principle that legislators enact the law, executives execute the law, and judges only interpret the law passed by the legislature, he also said that judges have to consider the “real-world impact” of their constitutional interpretations, i.e., he said that judges must legislate. If it is found to be advantageous (advantageous to liberal society, that is) to have proportional racial diversity in the military officers’ corps and in state-supported graduate institutions, then judges must re-write the Constitution to allow for racial preferences. Judges, in short, are policy makers, the very thing he told Graham they should not be.
Posted by Lawrence Auster at June 28, 2012 07:32 PM | Send