Judges and justices are servants of the law, not the other way around. Judges are like umpires. Umpires don't make the rules; they apply them.Powerful words.
The role of an umpire and a judge is critical. They make sure everybody plays by the rules. But it is a limited role. Nobody ever went to a ball game to see the umpire.
Judges have to have the humility to recognize that they operate within a system of precedent, shaped by other judges equally striving to live up to the judicial oath.
And judges have to have the modesty to be open in the decisional process to the considered views of their colleagues on the bench.
Mr. Chairman, when I worked in the Department of Justice, in the office of the solicitor general, it was my job to argue cases for the United States before the Supreme court.
I always found it very moving to stand before the justices and say, I speak for my country. But it was after I left the department and began arguing cases against the United States that I fully appreciated the importance of the Supreme Court and our constitutional system.
Here was the United States, the most powerful entity in the world, aligned against my client. And, yet, all I had to do was convince the court that I was right on the law and the government was wrong and all that power and might would recede in deference to the rule of law.
That is a remarkable thing.
It is what we mean when we say that we are a government of laws and not of men. It is that rule of law that protects the rights and liberties of all Americans. It is the envy of the world. Because without the rule of law, any rights are meaningless.
Thursday, September 15, 2005
Roberts Hearings Part II - Serious
From Day 1 of the hearings, Roberts' opening statement: