Justice Should Protect Freedoms for All Americans, Not a Select Few
By Jon W. Davidson, Legal Director, Lambda Legal
"If you simply read the text of the Constitution and somebody said, 'Where does it refer to school desegregation?' - of course you would not have found anything," Justice David H. Souter said during his confirmation hearings. "But I think that clearly implicit in the text of the Constitution itself and in the concept of due process was the proper basis for the Court's exercise of its jurisdiction."
Justice Souter got that right. And with his recent announcement that he will retire at the end of this term, we reiterate the need for a fair and impartial judiciary, with justices who will uphold the Constitution, apply its principles carefully to the questions before them each day and protect personal freedoms for everyone in America, not just a select few.
At Lambda Legal we fight every day for the civil rights of lesbian, gay, bisexual, and transgender (LGBT) people and those with HIV. In doing so, we are ever aware of the need for judges who will not fold under political pressure but who will be thoughtful and unflinching in fulfilling their role heading up a third, and equal, branch of government and one with a special responsibility for protecting constitutional rights.
Appointing a new Supreme Court justice is a complex process and we anticipate that President Obama will nominate someone who believes in upholding the principles of equal justice and fairness that are fundamental to the Constitution. President Obama has a deep pool of exceptionally qualified legal talent from which to choose — candidates with excellent legal records and a deep respect for core constitutional values. Diversity is also important — both in the conventional sense and by way of experience. Women, people of color, and self-identified LGBT people continue to be underrepresented at all levels of the judiciary, and we have high hopes that President Obama will adequately weigh diversity as a factor in his nomination process.
Americans value fairness. And no matter what your political beliefs as this nomination process proceeds, the importance of a fair and impartial judiciary is a concept upon which we can all agree.
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As a Christian and a American the only choice I see would be a libertarian.
We the people of the United States of America must not let any more of are freedoms to be taken away.And I dont care about your little likes and dont likes.We have choices in the USA and we must live with the choice's we make.And the American people made some bad choice's.
Lets give America back to the people.
As a JESUS loving conservative Christian I may not like your choices. But I would not want to take yours way.Just like I would not want my choices taken away.
What a strange, strange argument from Lambda! Across the board, Lambda openly advocates special interest groups and somehow equates this as being "freedom for all Americans". Would Lambda object if the best person for the job were a straight, white male, without AIDS ? That appears to be its position.
The simple fact of the matter is the Constitution is quite possibly the most unambiguous, plain language, body of law ever written. It should be virtually impossible for a competent Supreme Court to produce anything other than 9-0 decisions ON EVERY SINGLE CASE.
The problem isn't protecting the rights of special interests, but the court's power to chip away the rights of the people, one special interest group at a time, one split decision at a time. The end result is a never ending shift from liberty to tyranny as more power is usurped one split decision at a time.
Is there any reason a competent English professor, who knows the meaning of words, would not make an excellent Supreme Court justice, as opposed to an attorney, turned judge, who has made a name for themselves through handing down controversial decisions?
The only thing even vaguely mysterious about law is the perception that it's possible to interpret it more than one way. True justice never has more than one right answer. Injustice is the causing of harm to one who has done nothing to deserve harm. A court's sole duty is to balance injustice by finding that one right answer which will result in justice.
So forget the special interests, whether it's gay, racial, religious, or whatever. A justice with the ability to find the one right answer will automatically ensure the liberty of all Americans.
Those on "the right" want to deny rights to the people who do things they don't like. Those on "the left" feel the same about those whom they don't like. Only (REAL) libertarians support and defend ALL rights for EVERYONE, EVERYWHERE for ALL times. As long as your behavior is not harming any other person, no one has any authority to prohibit you from pursuing your happiness in whatever way you choose, no matter who may be offended.