More Liberal Hypocrisy Re: Roberts

You would think that someone who has been the governor of a state like New York would know the difference in functions and role between the legislative and the judicial. But Mario Cuomo apparently can’t or won’t make the distinction. In an editorial from yesterday’s LA Times that ran in NY Newsday as well, NY’s former uber-liberal leader conflates the two branches responsibilities.
Cuomo in a pre-emptive strike, tries to place conservative supporters of Judge Roberts in an intellectual double bind. He describess what he sees as inconsistency in the treatment of Roberts versus such figures as Ted Kennedy, Geraldine Ferraro and John Kerry. All four worthies mentioned are public figures who happen to be Catholics.
Cuomo points out that conservatives and Catholic leaders have called out for some time, for the three Catholics legislators mentioned above to vote with Cathoilc consciences in regards to abortion. Cuomo seems to think that this creates some sort of muddle for conservatives, and Catholic supporters of Roberts, who must take an oath to uphold the constitution.
Cuomo asserts that the question of choosing to interpret law, for Roberts, may present a choice between his oath to the constitution, and his beliefs as a Catholic. This is a possibility, and one which Roberts has already said will result in his choosing the constitution, where it is clearly at odds with his belief. Cuomo seems to think that accepting this places conservatives in some sort of moral hypocrisy. We support Roberts in spite of his vow to choose the constitution over his conscience. We allow him a pass. But according to Cuomo we allow the legislators no such pass.
But this is because, as Cuomo well knows, the role of the legislature is constitutionally distinct from the judiciary. While both are bound to respect the law of the land as enshrined in law and in the constitution, they are free to act in different ways. The judiciary must respect law as embodied. They are free only to interpret the law, not to change it. The have the power to review the law comparing it to prior law, legal precedent and the constitution, but they are not free to alter it.
Legislators act under an entirely different set of precepts. They are there to make law, in effect to change the law of the land. In this role they are much freer to seek their own conscience for guidance. While they too are not free to place their conscience above the constitution in public matters, they are free to vote that conscience. A legislator may use his conscience in ways a judge may not. To change the law of the land. When an elected legislator follows his conscience to change the law he or she is not violating the constitution, nor an oath to support it. They are acting upon their oath.
Cuomo of course really does know all this. He is merely obfuscating in order cover up for liberal Catholic legislators. Why bother? To make conservatives stop pursuing a pro-life agenda. That’s not going to happen. Cuomo would better spend his time attacking the real hypocrisy of liberal Senators like Kennedy who are planning to challenge Roberts on personal beliefs in ways they never did to Clinton appointees Souter and Ginsberg. Come on Mario if your going cry hypocrisy it’s best to avoid it in your accusation.

See also Betsy's Page

For a look at how law schools lead to left leaning lawyers see NYGirl