Thomas Sowell on the Supreme Court and the Future

Read Thomas Sowell's excellent analysis of the current breaux-ha-ha over the courts.

Here!

Meanwhile, many of the signs of social degeneration can be traced to the courts that are supposed to be upholding law and order but which have too often become places for judges to indulge their egos and impose fashionable theories as the law of the land.

Some judges and Supreme Court justices may flatter themselves that they are helping the poor and the disadvantaged but their arbitrary notions often hurt the less fortunate most of all.

Whose homes are going to be bulldozed to make way for a new shopping mall or hotel complex under the Supreme Court's expanded notion of eminent domain? Mansions in Beverly Hills? Condos on Park Avenue? Or working class homes and apartment buildings?

And here!

Many people are too young to realize that there was never a federal ban against abortions before Roe v. Wade created a "Constitutional right" to abortion out of thin air. Before that, the federal government had nothing to say about the subject and the various states had a variety of laws regulating abortions.

What is even more dangerous than this political fixation on abortion is the underlying notion that judicial nominees are to be confirmed or voted down on the basis of how they might rule on particular policy issues.

The separation of powers means not only that judges should stay out of policy issues that belong to legislative bodies but also that the Senate should respect the judicial branch and not try to predetermine how judges will rule on legal issues.

Then here!

A Justice confirmed to the Supreme Court by a narrow vote in the Senate will have just as much authority as a Justice confirmed unanimously.

Regardless of who is nominated to fill the Supreme Court vacancy created by the retirement of Justice Sandra Day O'Connor or what the outcome of the confirmation vote may be, something urgently needs to be done to stop Senate confirmation hearings from being scenes of public humiliations that can deprive the American people of the services of highly qualified individuals.

We certainly need better quality people than most of those now serving on the Supreme Court. Putting nominees through a cheap hazing circus on TV is not the way to get such people.