Wednesday, November 12, 2008

The Coming Judiciocracy

While this decision went in favor of the Supreme Court, this decision was scarily a 5-4 decision to allow the Navy to train using sonar. Do they really want handcuff our Navy? It's a decision that should be 9-0. Imagine what the court would be if even Anthony Kennedy was replace with a Ginsberg clone?

WASHINGTON – The Supreme Court ruled Wednesday that military training trumps protecting whales in a dispute over the Navy's use of sonar in submarine-hunting exercises off the coast of southern California

"In contrast, forcing the Navy to deploy an inadequately trained anti-submarine force jeopardizes the safety of the fleet," the chief justice wrote. He said the "overall public interest tips strongly in favor of the Navy."

Joining Roberts' opinion were Justices Samuel Alito, Anthony Kennedy, Antonin Scalia and Clarence Thomas.

Justice John Paul Stevens did not join the majority opinion, but said the lower courts had failed to adequately explain the basis for siding with the environmental groups. Justice Stephen Breyer would have allowed some restrictions to remain.

Justices Ruth Bader Ginsburg and David Souter dissented, saying the prospect of harm to the whales was sufficient to justify limits on sonar use

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