Nov7th2004

Why I Want ‘Right Wing’ Judges

Bruce Bartlett hits the nail on the head.

He writes,

Right now, Democrats seem to be leaning toward the idea that Bush’s victory is based primarily on turning out religious nuts to vote for him. These people are viewed in certain Democratic quarters as the American Taliban. It is thought that if they gain political power, not only will abortion and gay marriage be banned, but so will dancing, rock and roll, and any movie with an “R” rating.

This is nothing but nonsense, but is commonly believed in places like Hollywood and New York’s upper west side. They really believe that Bush is the Ayatollah and it’s only a matter of time before all women are walking around in burkas. No wonder they fought Bush so strenuously.

The truth is that the issue of values, which motivated many of Bush’s supporters according to exit polls, has much less to do with religion than Democrats believe. Ironically, the real problem is that liberals have imposed their beliefs on America in exactly the way they imagine that conservatives want to do. In many cases, the real frustration isn’t even with the liberal goal, but they way they achieved it.

Consider the most divisive issue of all: abortion. Had the courts left it alone, the states would gradually have changed their laws, with some being very permissive and others maintaining tight restrictions. This would have eventually led to one of two outcomes. Either it would stabilize, as people moved to states that suited their moral or religious beliefs, or it would have pressured Congress to adopt something that probably would look much like trimester system we have today.

But the democratic process was not allowed to operate. It was too time consuming, too messy and too uncertain for those who wanted legalized abortion immediately. So the Supreme Court imposed it by fiat, thus leaving those against abortion or even just uncomfortable with it feeling disenfranchised, as if their views count for nothing. Moreover, the lack of a legislative solution also means that there is no way to tinker with the system to fix obvious flaws, such as the problem of partial birth abortion, without reopening the whole question of abortion for debate.

A similar situation has arisen over gay marriage. Liberals are too quick to assume that all opposition to it is based solely on hatred of gays, when in fact it is based more on a fear that the courts will impose it by judicial fiat without the consent of the people.

Consequently, there are growing numbers of voters who are secular in their beliefs, but find themselves within the values coalition. They oppose making abortion illegal, but also oppose Roe v. Wade. They have no problem with gay marriage, but are appalled that a single court in our most liberal state is effectively imposing a national policy allowing gay marriage. Such people are not prudes, but don’t want their children viewing nudity or listening to profanity on the public airwaves.

If Democrats conclude that there is nothing to the values issue except religion, they will be very mistaken. Unfortunately, they may conclude that they will have to rely even more on the courts to impose their agenda in the future, thus making the fight over Supreme Court appointments even more bitter.

In short, the fundamental difference between ‘right wing’ judges and left wing judges is that ‘right wing’ judges will leave contentious issues up to the people by giving them the chance to vote on the particular issues through democracy, the way it is supposed to be. Where as left wing judges will force their views down our throats.

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4 Responses to “Why I Want ‘Right Wing’ Judges”


  1. Gravatar Icon 1 DD Blase Nov 9th, 2004 at 3:50 am

    “Liberals are too quick to assume that all opposition to it is based solely on hatred of gays………..”

    How true. This view confuses the masses. Very sad.

  2. Gravatar Icon 2 Devin May 25th, 2005 at 9:42 am

    I don’t view opposition of gay marriage as though it is fueled by hatred of gays at all. I simply believe there are cases where a minority’s voice is overwhelmed by the majority. In certain cases like this when the majority is actually denying a fundamental legal right (the pursuit of happiness) to that minority, the courts must have the power to overrule the majority. Gay marriage has absolutely no effect on its opponents, their families, or their lives in any way, so I don’t believe the opposition has a basis for blocking that right. And by the way I ain’t gay, but I am from MA.

  3. Gravatar Icon 3 HispanicPundit May 25th, 2005 at 10:16 am

    Actually, one could make the ‘gay marriage hurts others’ argument. You may not agree with it, but it is a debatable topic, and therefore a topic that should be handled by the voters.

  1. 1 Hispanic Pundit » Why Elections Matter Pingback on Jan 31st, 2006 at 8:54 am

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