I hope that Obama will choose a leading legal mind for his Supreme court nomination. As a professional legal philosopher, I have cringed at the too often political or niche appointments that were replacing the host of leading legal minds of the 1930s and thereafter for a time — Holmes, Frankfurter, Cardozo, Brandeis, Douglas, Black, Marshall, and others. Such men did justice within the framework of our Constitution and the rule of law. The public opposed school desegregation — until Brown vs. the Board of Education in 1954. There have been a host of decisions that have done justice rather than pleasing biased majorities — anti-Semitic, anti African American, anti privacy and women’s rights (Roe), etc. The appointment of Bush II as president by the Court is an all too manifest example of the harm that can be done by politicized courts — all those lives lost in Iraq among other horrors.
– “A war is just if there is no alternative, and the resort to arms is legitimate if they represent your last hope.” (Livy cited by Machiavelli)
– Ed Kent 212-665-8535 (voice mail only) [blind copies] http://groups.yahoo.com/group/CollegeConversation http://groups.yahoo.com/group/PeaceEfforts http://groups.yahoo.com/group/EndingPoverty http://groups.yahoo.com/group/440neighborhood http://groups.yahoo.com/group/StudentConcerns http://groups.yahoo.com/group/AcademicFreedom http://groups.yahoo.com/group/PrivacyRights http://groups.yahoo.com/group/Israel_Palestine http://groups.yahoo.com/group/FindingHumaneJobs http://groups.yahoo.com/group/OurStupidEconomy http://BlogByEdKent.blogspot.com/ http://www.bloggernews.net