ConfirmThem

By Marshall Manson Posted in Roberts — Comments () / Email this page » / Leave a comment »

From Reid Cox:

One of the biggest allegations from the Left — and surely to come from the Dems today — is that Judge Roberts is anti-environment. One place the Lefties turn to support this charge is Roberts’ argument in the Lujan case. However, in that case, Roberts only argued for the proposition that — surprise, surprise — plaintiffs actually had to show harm to be able to sue. No matter how noble the purpose, this requirement that plaintiffs must be able to show they are harmed, and that the court can remedy that harm, must be required so that the courts don’t become just another policy making body, an unelected legislature, so to speak. We already worry that courts are taking away too much power from our elected representatives, but if plaintiffs can press a lawsuit on any issue that bothers them, even if they are not themselves harmed, then our courts will truly turn into a place to enact nationwide policy without any popular mandate.

It is important to point out yet again that the idea put forward by the Left and the Dems that anyone should be able to sue anytime, for any reason and on any issue suggests that they do not believe that “We the People� should remain in control of our government. Instead, it suggests that they now believe unelected judges are in the best place to decide what laws and policies should govern this country. This is exceptionally disappointing since the very reason we declared our independence, in the first place, was that we believed in the fundamental proposition that governments derive their just powers and legitimacy from the consent of the governed.