Justice Souter retirement

The moment I've been waiting for has arrived. The supreme court is the single most important reason that I so emphatically hoped for a Democratic president. I believe strongly that the whole constructionist/activist argument is wholly bogus. To say that there is exactly one correct interpretation of the constitution is ridiculous. It is as ridiculous as saying there is only one literal interpretation of the Bible. Language is always imperfect and imprecise. All words are necessarily interpreted based upon the receiver's values and life experience and our rightfully revered constitution is no different.

The second amendment is a hotly debated current example. The text is quoted here exactly:

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

My opinion on gun ownership is irrelevant. The point here is that there are easily at least two interpretations of this sentence. One argument is that the individual 'people' are granted the right to bear arms, the other is that the collective 'people' in the form of a 'well regulated Militia' have the right to keep and bear arms. Regardless of anyone's personal belief it is undeniable that the other argument exists among constitutional scholars. To say a 'strict constructionist' judge would only interpret for the individual right and would call the collective militia argument 'activist' or 'legislation from the bench' is simply without merit. Either is fully in keeping with the strict letter of the constitution and depends on your point of view. To believe that the language of laws is self-evident, requiring no interpretation, denies the very need for a judiciary and blasphemes the very core of our constitution. By the way - Obama has stated, as a constitutional lawyer, that he personally believes the right to bear arms refers to the individual right. No hard core liberal there!

I dread the inevitable onslaught of propaganda as President Obama nominates his first supreme court justice. It is the price we pay for freedom of speech. Obama's remarks today laying out his criteria for selecting a judge were absolutely perfect from this voter's perspective. I would generally label myself as a center-left voter. More left socially and more right fiscally. I have agreed with nearly every word I have heard from President Obama even though he is often slammed from the left as well as the right. In this case, however, I will be hoping for as liberal a judge as can possibly be appointed. Justice is not and never should be blind. True justice must see the suffering of humanity. True justice must see the raping of our planet. Yes, true justice must even see the abhorrence of abortion. That does not mean legal decisions are made from a bleeding heart perspective, but it does mean that judges seeking true justice must temper the necessary and constitutionally mandated interpretation of literal law with the entirety of their being.