"Judicial Ideology"

Today, Senator Chuck Schumer (D-NY) said "We senators, on behalf of the people, have to exercise our own responsibility. Fundamental to that responsibility is our obligation to ascertain your legal philosophy and judicial ideology". He also thinks that he needs to make sure that Roberts is "in the broad mainstream".

First off, he failed to consider that the term "judicial ideology" is (or should be) AN OXYMORON! It is a judge's responsibility to put ideology aside to the best of his/her ability and rule based on the Constitution.

Second, I would like to hear Mr. Schumer define "the broad mainstream". This "mainstream" should not include Roe v. Wade or any other abortion case, as the "mainstream" of America remains sharply divided on that issue. There is no one "mainstream" view on abortion. Mr. Schumer's party (and I believe Mr. Schumer himself) have stated that Justices Scalia and Thomas are "out of the mainstream", but just as many people agree with them as with Justices Ginsburg and Breyer. I'm sure that Mr. Schumer will find a way to put Judge Roberts "outside of the mainstream", because he thinks that he knows the definition of "mainstream" (and obviously thinks that he's part of it).

I personally think that I am in the mainstream and that Schumer is not, and I'm sure that he would see it differently. So, whose "mainstream" is the real mainstream? The answer is neither. "Mainstream" is in the eye of the beholder, and something so subjective should not be used as a measuring stick.

Roberts was spot-on today when he said that his job would be to call balls and strikes, not pitch or bat. A judge's sole responsibility is to determine whether or not certain laws or actions are in line with the Constitution or not; it has nothing to do with ideology or the "mainstream" of political thought.

By the way, kudos to Roberts for not using any notes for his brilliant opening statement.

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