judicial lawlessness
In his remarks today, Obama is suggesting that more empathy would have led the Court to ignore the statute of limitations. Got that? When George Bush ignores FISA’s statutory limits to protect American lives, that’s a violation of “the rule of law,” but when activist judges do it to save a discrimination claim, it is empathy worthy of promotion to the Supreme Court.
Obviously, it’s actually an invitation to judicial lawlessness. Yet, simultaneously, Obama absurdly claims such empathy might be helpful to businesses in dealing with the labyrinth of regulations. But what businesses need to conduct their affairs “in a practical way” is certainty: if the new rule of the road is to be that judges will decide which regulations get enforced and which don’t based on their subjective sense of result-oriented fairness, what we get is economic chaos and paralysis.
