Tuesday, November 01, 2005

Splat!

Or shall I say star (*)? The Milwaukee Journal has created a little stir today by noting how the Supreme Court of the United States will be less diverse with Samuel Alito. The Journal in fact stated that an asterisk should be placed next to the mention of the race of Justice Thomas.

Their ludicrous claim is the Supreme Court of the United States is not representative of the population. The response is actually simple.

SO?


The SCOTUS is not a representative body, it is a court. The SCOTUS is not elected therefore is inherently not representative of the ethnic makeup of our nation. The SCOTUS was designed to be above the political fray (a diminishing facet of the SCOTUS) and in fact it can be argued the SCOTUS was not to be representative. The idea of the SCOTUS was to interpret the law, to negotiate between contract disputants, to interpret the constitution, and to determine the constitutionality of statutory law. That is the SCOTUS tries to determine the truth, and truth is above politics and representative democracy.
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