Thursday, June 15, 2006

Conservatism fails on the Supreme Court as well

Why not make it a trilogy? Since I'm already into a lovefest with Political Animal, why not go for a third great post from Kevin Drum today?

Kevin points out the failure of conservatism in the judicial branch. In the case of Hudson v. Michigan, cops did not follow the judicially prescribed standard procedure, but were able to use the evidence they gathered anyway. The basis of the ruling is that some lawyers are just too good at protecting people's civil rights. Therefore the original intent of the founders has to be reinterpreted. This contradicts all the discussion of "originalism doctrine" that we hear so much about during Supreme Court hearings. "But when conservative rulings require that originalism be tossed overboard, they do so without apology. Some doctrine, eh?"