Yesterday, on the Tavis Smiley Show on NPR, recent DC Court of Appeals nominee Janice Rogers Brown was discussed. Judge Brown is an African-American woman and currently serves on the California Supreme Court. The segment discussed the Congressional Black Caucus' opposition to her nomination. Rep. Sheila Jackson Lee (D-TX) spoke on behalf of the Black Caucus.
What struck me about Rep. Lee's opposition was that it was based on what her notion of "law" is. Lee does not like Brown because she believes Brown works against "established law." However, the "established law" Lee referred to is several U.S. Supreme Court decisions that conservatives would claim were the result of "judicial fiat" that usurped power from one branch of government and "legislated from the bench." Lee is concerned that Brown will have a different version of the way issues should be legislated from the bench and now desires that we all proceed with "established law" - not with individual justices' interpretations of the laws.
It seems to me that the liberals are being cut by a double-edged sword and do not like the feeling. This is one reason why I consider myself a conservative. I think we have rules to manage administrative procedure and change processes so that we do not have one group running roughshod over another because of popular whim. Liberals have worked hard for 30 years to circumvent the established procedures and force their changes through the court system. The most dangerous thing (to the left) is for judges to be elected and appointed that will consult the written law instead of the cultural elite. They have only themselves to blame if conservatives begin using the same tactics to fight back.