Judicial legislation based on emotion

This excerpt from an unwontedly powerful National Review editorial nicely dovetails with my previous blog entry about the pro-Miers evangelicals:

And even if she does not become a Blackmun, her record strongly suggests she will be an O’Connor—a split-the-difference judge. As one of her former colleagues has said of her, Miers’s office was the “place where the action stopped and the hand-wringing began.” If she follows that course, we will be left with a Court that retains immense and inappropriate lawmaking power but refuses to make clear laws. The rule of law is based on the making of arguments and the giving of reasons, not on sentiment or group loyalty—which is the basis on which Miers’s defenders want us to support her.

Posted by Lawrence Auster at October 15, 2005 09:29 AM | Send