Earlier today, I saw something advertised on TV which left my blood cold. A prime-time slot advertising support for Supreme Court nominee, Judge Sotomayor.
The spot included a voiceover by President Obama, suggesting it had his endorsement.
The reason it makes my blood cold has nothing to do with my opinion of Sotomayor (whom I have respect for as a jurist), it has to do with the constitutional structure of our government, and in the appropriate separation of powers.
Supreme Court justices are not elected, not even by Congress. They are supposed to be Presidentially appointed, and affirmed by the Legislature exactly so they are not prey to the whims of the popular vote. The Judicial Branch is supposed to be a counterpoint to the public opinion represented by the Congress. This campaign subverts the fundamental structure of our government by making a public campaign out of a Supreme Court judgeship nomination. The President, by his tacit consent, is soliciting the voters and public at large to pressure the Legislature to confirm his nomination. This is antithetical to the constitutional nature of the Supreme Court's position, basis of power, and selection process. It further represents an inappropriate use of influence by the President, as well as a grab for more power than is constitutionally prescribed.
To my thinking, this is a very disturbing development -- hence this blog.
Epilogue
No sooner than I write this blog, than I see the following posted to my Facebook Wall. The link will go to a form in which people can add their names in support of this campaign. This organization also uses the Obama campaign seal, not the Presidential Seal. I am rather puzzled, and distressed, to see a campaign logo which was used in place of the Presidential Seal before the election, continuing to be used after the election.
Source: my.barackobama.com
She's earned bipartisan praise as one of America's finest legal minds and understands how the law affects our daily lives. Please add your name to the growing list of people who support her. Early public support is crucial.
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