When Justice and Judging Goes Awry

The dust has settled and before I head for my morning run, I'd like to share some thoughts.

Alito: I don't think anyone is questioning the man's brilliance. I know I'm not. I am opposed to him for the simple fact that another conservative on the bench will tip the moderate manner in which most decisions of this court are made. If he was replacing Scalia and not O'Connor, I might have felt differently. I am concerned that Matt Brown's camp went from withholding judgment to opposed, when previously I had been the only candidate who was opposed as published in last week’s Providence Journal. I've seen this flip-flopping before, too. Brown, in his announcement had stated he was for "as long as it takes" in the War in Iraq and after Cindy Sheehan blows through Rhode Island, now his position is more in concert with my own. I think this type of “testing the waters” politics is what gives it a bad name.

Prisoner Torture: This is actually more complicated than it would seem at first glance. What would we be willing to do if we thought many lives could be saved at the cost of one? I know, as a prior military officer, we were indoctrinated with the Geneva Conventions. I know if captured I would not want to be tortured for any possible intelligence I might have. I think we must trust John McCain and other warrior-statesmen who are clearly opposed to violating human rights. The overarching issue becomes how can we be the beacon of human rights and social justice while being perceived by most nations as having given up this beacon of hope as a result of 9/11. When we do, then the terrorists have won and we show our convictions are paper-thin and expendable when it’s expedient. That is not the America our veterans were fighting to defend, from the revolutionary war to the war in Iraq.

(E)quality of life: How did many of us become so hardened that when the "issue" did not affect us directly, we went on with the excuse, "there's little I could do." ? Poverty at the bottom percolates up one way or another. When the root cause is not addressed then we have symptoms like people becoming terrorists or criminals, without opportunity or dignity. We honored Rosa Parks, because this woman took on the established status quo mistreatment of an entire race. She was also a woman.

We know increased energy costs are going to impact lower income households. What are the middle and upper class willing to do about it? Do we convey that is a result of their life choices, so they've reaped what they sowed? And what would it have cost us (like Katrina) if we had made a full hearted, versus halfhearted, effort to help the many in this position before a calamity hit? It seems to me the costs for prevention are much lower that the costs to cure. This brings us full circle to Alito and the Supreme Court. The Judicial, Legislative and Executive Branches and I'd argue the Fourth branch, the Media, have dramatic influences in our quality of life. Our government is there to protect us - sometimes from ourselves when inequality exists in any form, but not at the expense of our freedoms - regardless of the judgment-based doctrine of some groups. We intuitively know we've shifted to the right and a lifetime judicial position is one that could impact most of us for years to come. Do we want this? I don't.