Comments on: Robert Bork: Sotomayor Pick ‘A Bad Mistake’ https://barelyablog.com/robert-bork-sotomayor-pick-a-bad-mistake/ by ilana mercer Wed, 02 Apr 2025 19:29:09 +0000 hourly 1 By: Myron Pauli https://barelyablog.com/robert-bork-sotomayor-pick-a-bad-mistake/comment-page-1/#comment-6195 Wed, 24 Jun 2009 21:01:17 +0000 http://barelyablog.com/?p=10394#comment-6195 I agree with Bork that it is silly to filibuster our wise (grammatically challenged) “Latina woman” because Obama has the votes and any other nominee will likely be worse. I also agree on Thomas being better than Scalia and also that the Court since 1937 has gone so far from the Constitution that is mere pipedream of a concept. Ironically, a “living constitution” (e.g. elastic Orwellian blather) is, in reality, dead – while a dead constitution (e.g. an unchanging fundamental code of laws) is actually living.

Bork, however, is not all that wonderful on Civil Liberties. One past Justice who stood for individual liberty was Pierce Butler (1923-1939) [ See http://en.wikipedia.org/wiki/Pierce_Butler_(justice) and Mencken’s essay on skewering Justice Holmes in his Chrestomathy- http:// http://www.amazon.com/Mencken-Chrestomathy…/0394752090 ]. Butler was the sole dissenter in Palko v. Connecticut (double jeopardy) and Buck v. Bell (forced sterilization). It is interesting now that Big Man Obama and his Solicitor General Elana Kagan are supporting “hate crimes” and preventive detection” laws that violate: federalism, double jeopardy, and due process (keeping people in prison indefinitely beyond the expiration of their sentences). On these issues, the Big Man is as odious as the Bushman: see http://www.reason.com/news/show/134308.html.

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