November 01, 2005
Marcus notes the Journal Sentinel editorial board doesn't know much about the structure of the federal government:
The SCOTUS is not a representative body, it is a court. The SCOTUS is not elected therefore is inherently not representative of the ethnic makeup of our nation. The SCOTUS was designed to be above the political fray (a diminishing facet of the SCOTUS) and in fact it can be argued the SCOTUS was not to be representative. The idea of the SCOTUS was to interpret the law, to negotiate between contract disputants, to interpret the constitution, and to determine the constitutionality of statutory law. That is the SCOTUS tries to determine the truth, and truth is above politics and representative democracy.
The court isn't about making sure blacks have a say, or women, or whites, or whatever group out there. The court is about being the third branch of government that restrains the power of the other two. There isn't a "black way" or a "female way" or a "white way" to interpret law. There are intellectual schools of thought, but they're just that, intellectual. Race, sex, or religion has no bearing. Whether one in a conservative, liberal, or radical doesn't depend on skin color, sex, or religion. Clarence Thomas is a black man. That has as much bearing on his rulings as being Italian has on Antonin Scalia's. Both can be and are conservatives. That doesn't make them any lesser members of their respective races. The Journal Sentinel can't understand that. To them skin color and gender determine ideology.