Wednesday, January 18, 2006

Obtuse Nonsense

Mark A.R. Kleiman (The Reality-Based Community) closes a post with this observation:
All judges judge by their personal beliefs. Whose beliefs would you expect them to judge by?
Kleiman misses the point entirely. Judges should judge from their "beliefs" about the law: what it requires, like it or not. Too many judges, however, judge from what they would like the law to require. There is a vast difference between those two positions, but Kleiman is too obtuse to grasp it or too argumentative to admit it. Kleiman's relativistic standard allows him to excuse seven decades of Leftist opinions that have made a mockery of the Constitution and denuded it of liberty. Just what one would expect from a "reality-based" blogger.

Fie on Steve Bainbridge, who recommends Kleiman's post.