Keep the Republic

A blog dedicated to expressing faith in God, hope in America, and a conviction to preserve the principles on which the nation was founded. Benjamin Franklin, after the conclusion of the Constitutional Convention, was asked by a concerned citizen of Philadelphia what type of government had been created after four months of closed-door meetings by the delegates; he responded, "A republic, if you can keep it."

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Location: London, Kentucky, United States

Wednesday, April 20, 2005

Tom DeLay, Harry Reid & SCOTUS

Tom DeLay has been all over the news lately, taking slings and arrows from political opponents as well as suffering some self-inflicted wounds. A new story recounts criticism he leveled at Justice Anthony Kennedy:

"[H]e pointed to Kennedy as an example of Republican members of the Supreme Court who were activist and isolated.

"'Absolutely. We've got Justice Kennedy writing decisions based upon international law, not the Constitution of the United States? That's just outrageous,' DeLay told Fox News Radio. 'And not only that, but he said in session that he does his own research on the Internet? That is just incredibly outrageous.'"

As one who uses the Internet for research, my outrage is somewhat tempered, although the Supreme Court certainly has far more comprehensive research tools than Google or Ask Jeeves. What I found noteworthy about this story was the following quote and glaring omission: "Nevertheless, it is unusual for a congressional leader to single out a Supreme Court justice for criticism."

This may very well be true. But one recent incident of just such behavior was left out of the story. On December 5, 2004, newly-minted Minority Leader Harry Reid, Democratic senator from Nevada, said the following when asked why he could not support Clarence Thomas for chief justice: "I think that he has been an embarrassment to the Supreme Court. I think that his opinions are poorly written. I don't--I just don't think that he's done a good job as a Supreme Court justice."

Reid was unable to cite a single accurate instance of a poorly written opinion when he was later pressed on the matter. Still, if it is "unusual for a congressional leader to single out a Supreme Court justice for criticism," why did this very recent, high-profile incident of the new Senate minority leader calling a specific justice "an embarrassment" not merit a mention in the AP story?

UPDATE: For the record, I am fully cognizant of internet-based legal research tools provided by Lexis-Nexis and Westlaw.

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