The NEW YORK ANALYSIS remains deeply concerned about the questionable views of President Obama’s appointments to the judiciary. The likely vote on David Jeremiah Barron this week is another addition to the dangerous list of judges whose views are in direct opposition to the principles upon which the United States was formed.
The most well-known nomination , of course, was Elena Kagan’s to the U.S. Supreme Court. During her screening process, Ms. Kagan made it clear that she does not believe in the concept of inalienable rights. Her view is that rights descend from the federal government. Her concept precisely contradicts the reasons America was established in the first place.
What makes the United States Constitution unique is the very idea that sovereignty rests not with any leader or governing body, but with the people themselves. Numerous other nations have laws specifying wonderful sounding rights, but, due to a lack of a belief in inalienable rights, their leadership can and do suspend those rights whenever adhering to them is inconvenient.
This week, another terrible White House nomination to the federal bench will be reviewed by the Senate.
David Barron, a Harvard Law professor, is waiting to be confirmed to the First Circuit of the U.S. Court of Appeals.
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Barron has made it clear that the Judiciary should be a vehicle for the implementation of radical concepts that the voters and legislature consider too radical. Among his more salient concepts is that government has the right to nullify private property rights and should be able to do so with relative ease.
Quite tellingly, his nomination will not be just opposed by Republicans, but by many liberals as well. He has authored several “secret memos” justifying the drone killing of Americans abroad, raising their ire as well as that of many civil libertarians.
The central theme apparent in Professor Barron’s political and philosophical outlook is the limitless authority of government over individual rights. He also appears to reject constitutional tenets on the separation of powers among the three branches of government. He does not look favorably even on limits to the federal government by states.
Mr. Barron is unfit for the bench, and the nomination should be immediately withdrawn. Indeed, it is questionable and highly disturbing that President Obama saw fit to consider him at all.