Men in Black: Darth Vader isn't the only threat this summer

Judging from the front cover of Mark R. Levin’s latest book, "Men In Black: How the Supreme Court is Destroying America," Darth Vader isn’t the only villain dressed in a flowing black robes who is bringing terror to a galaxy not so far away.

Levin’s best-seller warns about the danger that liberal judges pose on American society and foreshadows the epic struggle we will witness this summer for control of the Supreme Court.

"It’s difficult to find any aspect of society where the federal government doesn’t have some role or influence," Levin writes. "And the Supreme Court, more than any other branch or entity of government, is the most radical and aggressive practitioner of unrestrained power. The purpose in creating a branch of government not subject to election, and whose members are appointed for life, was to ensure that it would undertake its responsibility to interpret the Constitution and arbitrate disputes in an almost ministerial fashion. There was no expectation the courts would assume the functions of the legislature or executive branches."

At a brisk 212 pages, "Men in Black" should be required reading for every American.

The book examines how activist judges have taken over the role of elected legislators in our system of government. Minority groups (including the Democratic Party) get around the will of the elected majority by going to the courts to rewrite laws or strike down legislation that reflects the wishes of most Americans.

That’s why we have abortion-on-demand for 13-year-old girls, same-sex marriages, a ban on the death penalty for 17-year-old killers and the right to free public education and health care for illegal immigrants. And there’s also a dangerous new precedent of courts granting legal rights to captured enemy combatants during a war.

The Constitution was written to protect the rights of U.S. citizens — not terrorists whose goal is to kill every man, woman and child in the United States.

Regardless of how many laws elected legislators pass, the radical left can count on an army of unelected, unaccountable judges ready to impose their radical views on our society. Levin calls it exactly what it is: "judicial tyranny."

With Chief Justice William Rehnquist fighting cancer and advancing age (he’s 80), there’s a strong chance he won’t return to the Supreme Court this fall. The departure of Rehnquist, who has served as chief justice since 1986 and has been a member of the court since 1972, would open the way for George W. Bush to begin reshaping the Supreme Court.

Reshape may not be the right word. As John Leo wrote in a recent issue of U.S. News & World Report, Republicans have a historic opportunity to "repair a damaged Supreme Court." The damage has been caused by 50 years of judicial activism, primarily at the hands of Democratic appointees to the nation’s highest court.

While the president can nominate a chief justice directly, many believe Bush will promote a conservative justice to the top spot and nominate a replacement for the associate justice’s seat. The only candidates Bush would consider on the current court are Sandra Day O’Connor, Antonin Scalia and Clarence Thomas.

Two other Republican appointees (Anthony Kennedy and David H. Souter) have been major disappointments to the conservative cause, often joining the liberals on the court to form 5-4 voting majorities on a variety of social issues.

O’Connor would be a bold pick. She would be the first female chief justice in the court’s 216-year history. The first woman appointed to the Supreme Court, O’Connor has served with distinction over the past quarter century. But the drawback is her age. At 75, O’Connor is unlikely to serve more than a few more years on the court. Bush is looking for somebody who could lead the court for the next 10 to 15 years. So the contest for chief justice comes down to Scalia and Thomas, the only black justice on the court.

My choice would be Scalia, who has emerged as the most commonsense jurist the court has seen in decades. Scalia understands the Constitution, something I can’t say about half the members of the Supreme Court. I’ll explain why Antonin Scalia should be the next chief justice in a future column.

E-mail Tony Phyrillas at tphyrillas@pottsmerc.com