Monday, May 23, 2011
Could Indiana's Supreme Court Fourth Amendment Bungle Have Partially Driven Mitch from Presidential Race?
Justice Steven David has become the villain in the recent Indiana Supreme Court decision on the Barnes v. Indiana case. His overbroad majority opinion essentially wiped out the Fourth Amendment in the state. Now the question is, could this have become a factor in a possible run for President by Mitch Daniels and is it too far fetched to think that these little paper cuts might be something that made Mitch drop out?
You see, Steven David was an appointee of Governor Mitch Daniels. In fact, David was Daniels' first appointment to the Indiana Supreme Court in 2010. In his news release announcing David's appointment, Daniels said, "I heard from Steve David the clearest expression of commitment to proper restraint in jurisprudence, and to deep respect for the boundaries of judicial decision-making. He will be a judge who interprets rather than invents our laws."
It's an important decision for any executive. Who do you appoint to the judiciary? Apparently, Justice David and his friends that voted in the majority on this case are the kinds of "judicial activists" those on the right have railed against for years. In Indiana, there's the check and balance of the voter getting to vote for the retention of Indiana Supreme Court Justices.
At the national level, there is no such check or balance. As I'm sure you know, you appoint U.S. Supreme Court Justices for life. It's the most secure government job you can have. As long as you have a pulse, you are employed.
President Obama has made two choices for the nation's highest court, and he has picked two women, increasing the court from just one woman to three now. Elena Kagan and Sonia Sotomayor have both proven to be strong choices on the highest court.
For Daniels, his one choice to the Indiana Supreme Court wrote an opinion blowing away the Fourth Amendment in Indiana. This sort of decision was a ready made political ad for some of his more right-leaning conservative opponents and perhaps even Barack Obama in the unlikely event he survived the primary.
I take the Governor at his word that he is dropping out because of his family's wishes, but these are the the kinds of negative things lurking in his record that would have ticked off Republicans and ended it all before November 2012.