Sen. Whitehouse Denounces Roberts’ Umpire Theory of Judging

[babylonsister]

http://washingtonindependent.com/50647/sen-whitehouse-denounces-roberts-umpire-theory-of-judging

Sen. Whitehouse Denounces Roberts’ Umpire Theory of Judging
By Daphne Eviatar 7/13/09 12:22 PM


Sen. Sheldon Whitehouse (D-R.I.) just denounced Supreme Court Justice John Roberts’ disingenuous umpire theory of judging — his oft-quoted statement that the role of a judge is just to call “balls and strikes” as he sees them — with a harsh critique of what’s turned out to be remarkable “judicial activism” by the conservative majority led by Roberts on the court.

Here’s Whitehouse, in one of his characteristically articulate speeches:

The “umpire” analogy is belied by Chief Justice Roberts, though he cast himself as an “umpire” during his confirmation hearings. Jeffrey Toobin, a well-respected legal commentator, has recently reported that “n every major case since he became the nation’s seventeenth Chief Justice, Roberts has sided with the prosecution over the defendant, the state over the condemned, the executive branch over the legislative, and the corporate defendant over the individual plaintiff.” Some umpire. And is it a coincidence that this pattern, to continue Toobin’s quote, “has served the interests, and reflected the values of the contemporary Republican party”? Some coincidence.

For all the talk of “modesty” and “restraint,” the right wing Justices of the Court have a striking record of ignoring precedent, overturning congressional statutes, limiting constitutional protections, and discovering new constitutional rights: the infamous Ledbetter decision, for instance; the Louisville and Seattle integration cases, for example; the first limitation on Roe v. Wade that outright disregards the woman’s health and safety; and the DC Heller decision, discovering a constitutional right to own guns that the Court had not previously noticed in 220 years. Over and over, news reporting discusses “fundamental changes in the law” wrought by the Roberts Court’s right wing flank. The Roberts Court has not lived up to the promises of modesty or humility made when President Bush nominated Justices Roberts and Alito.

Some “balls and strikes.”

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[NewJeffCT]

1. He's one of my favorite senators

I wish we had 59 more like him...

[lamp_shade]

2. Thanks. I bookmarked this. My phone rang as soon as he started talking.

I'll read it when they break.

[tabatha]

3. I hope Senator Whitehouse becomes President Whitehouse.

A Whitehouse in the White House.

[aint_no_life_nowhere]

4. Whitehouse had me cheering at my radio

I'm listening to the hearings on Pacifica Radio, KPFK. His words were rousing to say the least.

[m_welby]

5. Love my Senator (nt)

[ProudToBeBlueInRhody]

6. Sheldon rules

'Nuff said.

[hootinholler]

7. I liked Durbin's line

It's a little hard to see home plate from right field.

-Hoot

[Captain Hilts]

8. So'd DiFi. Good on both of them. nt

[gratuitous]

9. Sounds like the Democrats are really beating up on Chief Justice Roberts

Too bad they're just the weensiest bit late in scrutinizing his record.

[troubledamerican]

10. Whitehouse better watch out. DLC is still sheriff in town.