This past summer was very exciting for the federal judiciary. In Kelo vs. City of New London, the liberal wing of the Supreme Court totally ignores the right to property – the third unalienable right as sent down by John Locke. In a move that makes the USA-PATRIOT Act look like the brainchild of an American Civil Liberties Union think tank, these judicial activists give governments greater latitude to steal private lands for private use under the dubious notion of “eminent domain.” By taking away the right to property, this decision completes the hat-trick for the left side of this court, as it already has made short work of life and liberty in the past few years. Next summer, expect it to declare the “pursuit of happiness” as unconstitutional.

Additionally, when President George W. Bush nominated jurists to our nation’s court system, Democrats were compelled to treat it like the end of the world – as we all know, a Republican president would never nominate moderate and liberal justices in the mold of Earl Warren, Warren Burger, Harry Blackmun, John Paul Stevens, Sandra Day O’Connor, Anthony Kennedy and David Souter.

One justice especially drawing the ire of Bush’s opposition was Janice Rogers Brown. Ironically, she fought against an oppressive establishment of ignorant Democrats in the South as a child – only to fight against an oppressive establishment of ignorant Democrats in the Senate as a qualified judicial nominee.

The case of nominee Priscilla Owen is even more laughable. Even though she received high marks from the American Bar Association, many Senate Democrats still felt obliged to derive their decisions from a bevy of irate activists whose jurisprudence is limited to inventive one-liners like “keep your rosaries off our ovaries.”

This summer also saw Bush suggest his first appointee to the Supreme Court, John Roberts. However, with the originality of a UR student complaining about a Dining Services and ARAMARK meal plan, many Democrats immediately attacked him as a right-wing lawyer and corporate lobbyist – notwithstanding the fact that these Senate Democrats are owned by left-wing lawyers and special interest lobbyists.

Currently, the nation mourns the passing of Chief Justice William Rehnquist. Despite the considerable power his predecessors invested in the judiciary, Rehnquist humbly believed in pluralistic deference to the legislative and executive branches of government. Having conducted himself with dignity during his 33 year tenure, he serves as an example for his successors.

Even though summer draws to a close, we can expect two Supreme Court vacancies and the new Supreme Court term to keep the nation’s rapt attention through the fall months.

Scott can be reached at

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