Wednesday, February 06, 2002
Judicial Brain Damage-I'm not sure how much of an IQ deficit Scalia was working with when he was suggesting that anti-death-penalty Catholic judges should resign. He is quoted as saying, "In my view, the choice for the judge who believes the death penalty to be immoral is resignation rather than simply ignoring duly enacted constitutional laws and sabotaging the death penalty." Article VI of the US Constitution says that "...judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States." This sounds like a Religious Test to me. If you can make a case that the judges are not supporting the Constitution, then impeachment would be an option. Short of that, your argument is toast. You'd depopulate the judiciary real quick if a loyalty oath to the majority opinion of the Supreme Court were required.
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