No More Tookie

Williams' Clemency Denied? Enough Said.
Los Angeles Daily Journal, Dec. 19, 2005, at 9

Regarding "In Support of 'Tookie': Distortions of Fact, Distortions of Justice" (Dec. 15 Daily Journal):

In the future the governor can avoid this type of criticism by simply announcing: "clemency denied." There is no requirement that he pander to those on the left who want to chip away at the death penalty.

"Tyranny of the Majority" v. Democracy

Democratic Majority
Miami-Herald, Posted on Fri, Dec. 16, 2005

''The tyranny of the majority?'' I wish Howard Simon had explained in his Dec. 15 Other Views column 'Activist' judges are in the eye of the beholder how that differs from democracy.

He also writes that, ``Justices Clarence Thomas and Antonin Scalia -- described as exemplary judges by the president -- vote to invalidate congressional legislation more than most every other Supreme Court justice.''

Yet he didn't identify the justices who regularly strike down state laws -- Stephen Breyer, Ruth Bader Ginsburg, John Paul Stevens and David Souter.

"Icelandic Pop Singer"

The statement, "Bork [is] still a potent symbol of judicial extremism in the minds of most Americans," gives the public too much credit. To paraphrase the editors of The New Republic, most Americans are likely to confuse Bork for an "Icelandic pop singer."

On a related note, confirmation politics is an area where polling is fraught with mistake mainly because of the abortion issue. Most Americans think since Roe made abortion legal, overturning it would make abortion illegal. Which we know is not true. It would simply return the issue to the democratic process. Until these polls start to define what Roe stands for, they are going to be meaningless.

[This comment originally appeared online on legaltimes.com.]