Courts should decide law, not politics (Thomen)
07/20/2018 Filed in: News Journal
Retired Senator Ted Kaufman’s [July 13] article goes to the heart of a major issue of our times—the role of the Supreme Court of the United States.
Kaufman cites three cases which have been decided by the current Court since Justice Neil Gorsuch joined the Court. In each of these cases Kaufman negatively comments that the Court decided in favor of businesses to the detriment of employees/workers.
Because he does not like the outcome in these cases, he suggests that these cases were incorrectly decided by an overly conservative Court and hence nominee Brett Kavanaugh should be strongly questioned by the public as well as by US Senators.
His criteria in legal cases before the Court is not what our Constitution or current law require, it is the outcome that matters. This is the slippery slope of a “living Constitution”—a Constitution that says what the politicians want it to say.
In contrast, some of us believe our Constitution and current laws are our sea anchors during stormy seasons of political unrest—our protector in the comings and goings of political fervor. It is my hope that our senators—all senators, of whatever political persuasion—will base their confirmation vote for nominee Kavanaugh on his legal qualifications, not on what they may divine about his political views.
James R. Thomen