Summary
Sen. Joseph R. Biden Jr. believes that Judge Samuel A. Alito Jr.'s disagreement with the 1962 Supreme Court reapportionment decision (Baker v. Carr, 369 U.S. 186) makes him unqualified for the U.S. Supreme Court ("Biden threatens Alito filibuster," Nation, Nov. 21). By that line of thinking, Felix Frankfurter was also unqualified. Justice Frankfurter, along with Justice John M. Harlan, disagreed strenuously with the Baker decision. Justice Frankfurter was thought by liberals to be one of the giants of 20th-century law until he started coming down on the "wrong side" in many important Supreme Court decisions.
This is where we are with the result-oriented Supreme Court jurisprudence supported by Mr. Biden and his Democrat allies: There is something wrong, as the Supreme Court sees "wrong"; the Supreme Court will make it right, as it sees "right." Never mind the text and structure of the Constitution; never mind the history of the enactment of the provision at issue; never mind the views of other branches of government; never mind the court's own precedents.See the full content of this document
Extract
Changing Course From the Warren Court
To achieve results it and its supporters deem desirable,...
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