There are many gross generalizations in the liberal vs. conservative debates. But this exchange encapsulates, the structural and intellectual difference between conservative and progressive movements as they are constituted today.
This is some serious inside baseball here. But it is something that I think gives insight into into the shell -shocked nature of the republican party and its functionaries in the blogosphere.
"publius", is a blogger who contributes to Obsidian Wings ( a fine blog by the way), who did what good bloggers do. Poked holes in the argument presented by Ed Whelan in regards to the Sotomayor nomination.
What results can only be described as some of the most juvenile behavior I have seen. Basically, Ed couldn't defend his argument, and instead decided to "out" publius (posting under a pseudonym is quite common and is generally respected).
Here are the collected posts (here, here, here, here and the Volokh post referenced).
I highly recommend reading them. And I would add that it is absolutely uncontroversial that circuit courts and the Supreme Court do, in fact, make policy. The law is not a perfect instrument. There are times when its intent is far from clear and the application of that law can be even murkier. This the void that judges at time fill.
Also this constant meme that conservatives even care about the rule of law or are strict constructionist, should be absolutely demolished. Conservatives are just as guilt of results oriented rulings as they accuse liberals of being. Just look at the debate over abortion, the Terri Schiavo case, or the Ricci case.
Basically by the conservative metric you are an activist if you rule in a manner that they do not agree with. The fact that this is not pointed our more often is a travesty.
-Cheers
No comments:
Post a Comment