Other Columns by Bobby Eberle
Bobby Eberle Bio

Printer-Friendly Version

What Conservative Court?
By Bobby Eberle
June 30, 2003

There has been a longstanding charge by liberals, both in government and the media, that the United States Supreme Court is too conservative. This belief has led to scare tactics by Democrat legislators and pundits that President Bush's mission is to stack the entire court system with even more of the dreaded conservative judges. There are many who believe that efforts by Democrats to filibuster judicial nominees such as Miguel Estrada and Priscilla Owen are done merely to set the stage for when a vacancy opens up on the Supreme Court. But, do the charges from the left hold water? Is the Supreme Court really as conservative as they claim?

The recent rulings by the Supreme Court on a host of social issues proves that the cries by liberals are completely unfounded. Just ask leading social conservative leaders about the so-called "conservative court," and you'll get shaking heads, faces of disappointment, and sighs of defeat. In a week of rulings that could have set a new tone for America, the Supreme Court proved that social traditions take a back seat to mandated social change, states rights has little meaning, and discrimination for the sake of diversity is permissible.

Perhaps the most eagerly anticipated rulings were those affecting admissions at the University of Michigan. Both the undergraduate and law school programs were the subject of law suits facing the Supreme Court. Although the undergraduate "points system," a program which gave minorities an instant advantage over white applicants, was struck down, the court maintained that the use of race as one of the criteria in the admissions process is still permissible. In essence, the Supreme Court maintained that it is appropriate for a school to discriminate based on race as a method of ending racial discrimination.

In her opinion, Justice Sandra Day O'Connor wrote, "We expect that 25 years from now, the use of racial preferences will no longer be necessary."

No longer be necessary? What does Justice O'Connor think will change in the next 25 years? Does she think that racism and prejudice will be completely wiped out? This is absolutely absurd. There will always be a segment of the population who will hate just for the sake of hating. They are racists, and they will remain so.

If the court wanted to make a true statement for the need to end racism, they should not have legally sanctioned the continuation of race as a factor in college admissions. Instead, the court should have stuck to the Constitution! It does not get much clearer than the 14th Amendment which states that citizens are guaranteed equal protection under the law. Discriminating to end discrimination is not equal protection.

In another disappointing ruling, the Supreme Court felt the need to interject themselves into the homosexual debate by ruling a Texas law which prohibits sodomy as unconstitutional. Yes, it's true that one can argue that what consenting adults do in the privacy of their own homes is their business, but one should also note that the sodomy law was not a federal, but rather a state law. It was the type of law that withstood Supreme Court review in the past. If the law is deemed antiquated it is up to the citizens and advocacy groups in Texas to lobby for change. Just because public opinion may or may not have changed regarding homosexual activity does not make an existing law unconstitutional. If the law is out of date, there are ways to change it or abolish it which do not involve rulings from the Supreme Court.

The Supreme Court is desperately in need of a conservative face lift. If there is one issue in which conservatives have been thoroughly pleased with President Bush, it is his unwavering support of conservative judges. His nominations of Estrada, Owen, Pickering, and Pryor show he is adamantly opposed to judicial activism and seeks strict constructionists to fill vacancies. Conservatives can only hope that when a Supreme Court justice does eventually retire, President Bush will remain true to form and nominate a conservative.

--------------------

Bobby Eberle is President and CEO of GOPUSA (www.GOPUSA.com), a news, information, and commentary company based in Houston, TX. He holds a Ph.D. in mechanical engineering from Rice University.