Tuesday, July 19, 2011

Senate Confirms Judicial Nomination Of Openly Gay Lawyer

The Senate has confirmed the nomination of J. Paul Oetken for a federal judgeship in New York City. New York Senator Charles Schumer told the Times he recommended that Obama nominate Oetken in part because the senator believes the federal bench should be more diverse.

Diversity on the bench is not important. What is important is fidelity to the rule of law, regardless of race, religion, gender, or sexual preference. What a judge should have to assure the Senate is that they will apply the laws of the land as originally understood by those who drafted and ratified them, be it in a statute or the Constitution. In other words, that they promise to not supplant their own personal policy preferences and whims for that of the law and Constitution in accord with their original meaning. This should be the only litmus test for the judiciary. It is unfortunate that it is not, and this focus on "diversity" over dedication to original intent is part of the reason for the great problem that is emanating directly from the federal judiciary in the form of continuous nonsensical and outlandish rulings.

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