RedState.com is probably the most legit conservative blog on the ‘net, placing them in a position of legitimacy just above Tom Delay’s Blog and below PerezHilton.com. As a conservative blog, it should surprise no one that they aren’t huge fans of Justice Breyer or any members of the liberal block. Now that conservatives been winning all of their cases, the folks over at RedState are getting a little antsy about the public backlash to some of the end-of-term dictums that were supposed to pass as judicial opinions.

Their latest attack on the liberal members of the court comes by accusing Justice Breyer of violating the separation of powers doctrine by advocating the investigation of some of his co-workers. They cite the even less-legitimate blog Pro-Life Blogs:

an “overt attempt to undermine Roberts and also influence the political process in judicial selections, altogether compromising the separation of powers.”

RedState further criticizes Justice Breyer:

Justice Breyer has apparently overlooked a new-fangled method of dispute resolution between Justices on the High Court: Talking to his colleagues to discover why they rule as they do, and trying to persuade them to adopt his view.

Wow, RedState either knows something about the inner-workings of the Court that has escaped the rest of the blogosphere or they are asserting something that they can’t back up with facts. Keeping in mind that they are a conservative blog, I’ll assume they fall into the latter category. For some reason, I’m not particularly upset about Arlen’s little spectacle. I think my ambivalence has a lot to do with the fact that I know Senators are political creatures and thus have a political nature. The cute sideshow that Spector will perform in isn’t going to change much for the court so the Justices don’t care.

With the information we currently have, there is no reason to believe that Justice Breyer asked Senator Spector to ‘investigate’ his colleages. All we know (assuming we believe Spector 100%) is that Justice Breyer expressed his displeasure at the conservative block to Senator Spector at the Aspen Ideas Festival. I would hardly consider two grown men talking about law, politics, and life a serious threat to the long-standing (and rather malleable) notion of separation of powers.


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