Friday, January 02, 2009

Catch-22 of the Clairvoyance

Catch-22 and clairvoyance
After reading Jeffery Toobin’s book “The Nine…” one can’t help but feel the irony of the decisions that went into the decision by the Supreme Court of suspending the recount in Florida. Albeit the fact that the outcome of the elections after that recount could have gone in either Bush’s or Gore’s favor, but what I am outraged by is the severe partisanship shown by the justices that are planted in the court to uphold the law of the land rather than take sides (which obviously all nine did). The arguments and subsequently the decision by the court (and the majority opinion ruling made by justice Kennedy) were all baffling but more than anything they showed how much the court at the highest levels of the land is biased. I am probably not as much concerned about the decision, but what bothered me is that the nation feels that the guardians of justice are impartial and they uphold the letter or spirit of the law rather than the personal and party opinions that have come to corrupt the annals of political history. I am not a pundit and neither am I a judicial liberal or conservative, but at the same time when I feel that the decorum of the court has been held hostage by the mere exigencies of policy and politics I feel dejected. The election of Samuel Alito Jr. and John Roberts has further sullied the reputation of the court whose beginnings were in the form of John Jay. I am confounded and amazed at the last 20-30 year history of the court. Hoe politicking has had a much major impact on the decisions of the court rather than the spirit which we all look forward to. Alas, I am a lone voice in a sea of millions. I do feel that public opinion is important, but that is exactly what the founders did not want to begin with, a sway of public opinion justifying decisions made by the court. Although I have used strong language, I cannot help but notice whether there would ever be better way to choose justices other than nominations. The only other way would be election which everyone knows has become even less of an institution then when it began. To me it would almost be a catch-22 to change the selection or election of judges. This whole episode almost reminds of a feeling of clairvoyance where people can see the effects of their decisions and even the effects of their actions but far from being the results of clairvoyance they are unable to deal with them. A shame I say a shame.

0 Comments:

Post a Comment

<< Home