Share This Blog
Is life so dear or peace so sweet as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take, but as for me, give me liberty, or give me death!
Daily Archives: March 11, 2010
I am no general suck up to the Va. Supreme Court. Too often their decisions favor big business and the government and defendants in general to suit my preference. But one thing the Va. Supreme Court does very well is defer to the Virginia Legislature. Virginia’s Supreme Court gets it. It is not the place for the Courts to make law, it is the Court’s job to interpret and apply the law. Many decisions I have seen in my years as a Virginia lawyer where the Justices themselves disagreed with the law, but they nevertheless refused to invalidate the law and instead pointed out that it was up to the General Assembly to change the law. Here’s one example that I turned up from a decision in 1947:
…” Professor Wigmore in his excellent work on Evidence, 3rd Ed., Vol. VIII, page 221, et seq., vigorously attacks the privileges granted by the common law rule and the reasons upon which the rule is based. We are not, however, called upon to pass upon the reasons for the rule, or the wisdom of the law. A lack of good reason may be ground for the legislature to change the law; but we must construe the law as it is.” [Meade v. Commonwealth, 186 Va. 775 Emphasis added.]
In stark contrast, our U.S. Supreme Court Justices figuratively gallop about on their white horses, seeking to do good. Justices were not appointed to enact their own particular versions of “good” into our Constitution and our federal laws. That is the job of our elected representatives. The U.S. Justices too often usurp the job of the Legislature by effectively re-writing the duly enacted laws and the Constitution by substituting what those documents actually say with what they want them to say. Kudos to Virginia’s Supreme Court.
Bill Mims was elected to the Virginia Supreme Court with unanimous support from both parties. For those unfamiliar, Dems control the House of Delegates and Pubs control the Senate. I do not know a thing about Bill Mims–I might even oppose him as a Justice if I knew what he was about–so this is not a comment in support of him. It is in support of finding justices that both sides can agree on instead of looking for the most partisan hack that one side loves and the other hates and ramming that person through confirmation.
Meanwhile, speaking of partisan hacks, “Anoetosophobic” over at RockDem thinks Dems will lose the 2010 elections because they “have no spines!” No, you moron, they will lose because they are seeking to enact partisan legislation that is opposed by the majority of Americans. Instead, they are attempting to pander to their liberal base and a majority of Americans reject that position.
If–if– national Democrats took a page out of Virginia’s playbook they could easily pass legislation that could help the health care situation, and attack pollution and energy conservation, and the budget, etc. If they sought to make changes that were supported by a majority of the people. But that is just it–they do not want to enact legislation that is supported by a majority–they want to ram their far left agenda down an unwilling majority’s collective throats. That’s not how our system of government is supposed to operate, but despite polls, protests, calls and letters, they are just not listening. That is the real reason the Dems will lose this fall.