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Friday, May 20, 2005

My Challenge to Bush's Judicial Nominees

Here's a very simple litmus test I believe every nominee for a federal judicial position should be required to pass.
Summarize the main Constitutional arguments for and against (pick one: abortion, legal recognition of gay marriage, restrictions on gun ownership, or posting the Ten Commandments in government buildings) with an analysis of the strengths and weaknesses of each position. Do so without giving me the slightest clue how you would rule.

Any nominee who cannot do that, is not deserving of my trust that he or she will respect the views of others with different religious or philosophical views.

2 comments:

  1. You've seriously misinterpreted the whole point of the question. The point is that the judge must demonstrate the ability to show respect for different points of view.

    As for the Ten Commandments, the honest Constitutional argument is that the people who wrote our laws were inspired in part by the concept of Moses delivering the Laws, and that honoring that heritage does not in any way impinge upon someone's right to believe something very different (Buddhist, Satanist, atheist, or, if you'll pardon the expression, "God-knows-what").

    The argument on the other side is that it is offensive to post an object of specifically sectarian religious meaning ("Thou shalt have no other God before me," for instance, doesn't really apply to pagans very well) in a place that is supposed to receive every citizen without regard to their religious beliefs, or even lack thereof.

    Before reading any further, decide how you think I would rule.

    I submit for consideration the following compromise: it is permissible to display in a public building, purchased with taxpayer funds, an artwork that depicts Moses coming down from the mountain carrying two stone tablets with Roman numerals I through X, as a recognition of the historical contribution of that cultural idea of Moses the Lawgiver in developing our system of laws. However, it is not permissible to display in a public building, whether or not purchased with taxpayer funds, any representation that quotes the specifically sectarian portions of the Ten Commandments. Thus, "Thou Shalt Not Kill" can stay, but "Keep the Sabbath Day Holy" is out.

    If you want a monument with the full text of the Ten Commandments, put it right in front of your church, where it belongs, in plain public view, but not on public property.

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  2. Please step back from the lege...

    Legislature, that is, Texas-style, like Jed Clampett. This is a legislature that has determined that possession of a dildo is a crime (six or more is a felony).

    BTW, thanks for the Molly Ivins pointers.

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