Wednesday, September 06, 2006


Judge Wilkinson Goes Off the Reservation

Last year when names were being tossed about regarding the vacancies on the U.S. Supreme Court, J. Harvie Wilkinson, Judge on the 4th Circuit Court of Appeals, was one of the names that received a good deal of attention.

Thank God that didn't come to pass.

Take a gander at Wilkinson's missive in Tuesday's Washington Post. I would love to tear apart his argument, but it would honestly take too much time, as it is wrought with errors and "straw men."

From the op-ed, one has to wonder if Wilkinson even understands the democratic process that most states use regarding amending their respective state constitutions. Heck, a reader has to wonder many things about this jurist after reading his passionate plea.

One has to suspect that, should any same-sex marriage or civil union case come before the 4th Circuit, the AG defending the state or commonwealth would certainly move for Wilkinson's recusal. He certainly voiced his opinion on an issue that may come before his bench - a judicial no-no - and should not be allowed to sit as an unbiased arbiter of same-sex matters.

Also, if a Supreme Court vacancy comes open over the next few years, I doubt that Wilkinson receives a call from the White House.

I have been quite the critic of the Bush Administration, but I do have to give them credit for steering clear of Wilkinson and instead going with Roberts and Alito. Maybe it was luck, but perhaps Bush knew what he was doing. I guess I will give the White House the benefit of the doubt on this one.

MORE: Chris Stovall at Constitutionally Correct, the Alliance Defense Fund's new blog, has more on Judge Wilkinson.

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