Yay for an intelligent Supreme Court decision in the Texas anti-sodomy law case. Boo for Justice Antonin Scalia, who wrote, “the court has largely signed on to the so-called homosexual agenda.” He also teamed up with Clarence Thomas as the two no votes (against the other seven) in a case that questioned the rights of defendents to competent representation. This guy is very scary if for now limited in his ability to destroy the country because Sandra Day O’Connor often listens to her smart inner voice and casts her vote against Scalia.
The problem may rear it’s ugly head very soon in a big way if rumors regarding two retirements from SCOTUS turn out to be correct; admittedly, the rumors were stronger a month ago but given the strength of initial reaction I wonder if the people in the know simply stopped talking to cool off the heat. The rumor wire says that O’Connor and Chief Justice/Gilbert & Sullivan fan William Rehnquist will retire from the court shortly after the current term ends next week.
Federal judges, especially including the Supremes, are appointed to their positions for life. So Clarence Thomas, for example, whom Maureen Dowd said yesterday has been driven mad by the impact affirmative action has had on his life and career, was appointed by ‘Bush 41’ at age 43 and could potentially serve for 35-40 years. Not counting those taken earlier by death, the justices seem to serve into their late 70s or early 80s.
The next part of the rumor says that if Rehnquist does step down, GWB’s posse will go for a trifecta by elevating Scalia to Chief Justice and appointing two new associates. Talk about your worst case scenarios! This Administration’s track record in appointing federal judges at lower courts is already atrocious–and I say that not just on a political level but because they’ve even ignored the freaking American Bar Association recommendations–and giving them this kind of opening at the top will have as much destructive, negative impact as the recent tax cuts and environmental policy decisions on our future.
Note: The DailyKos, which I’ve been reading in the aggregator thanks to Karl, has an insightful post on the decision pointing out that Scalia’s dissent shows how the decision may very well drop any further legal restraints on anti-homosexual discrimination including bans on gay marriage. Personally, I think this sexual preference-based distinction is foolish and as harmful to our society as gender- or race-based biases and will be glad to see them all safely in the past.
BillSaysThis 