Tuesday, October 04, 2005

Sweet Judges are Made of These

For the second time, President Bush has nominated someone to fill Sandra Day O'Connor's seat on the Supreme Court. Once again, the country was abuzz with rumors that the president would select a female or minority candidate. And once again, the president surprised everyone by choosing neither. Even more surprising to me was the fact that I immediately recognized the white guy he picked this time: veteran goth-rocker Marilyn Manson.



Many have criticized the president for choosing someone with no experience as a judge. I couldn't disagree more. A washed-up, middle-aged, drug-addled rock star will bring the kind of fresh perspective this court needs. And Manson is no stranger to the inside of a courtroom: Just ask the male security guard who he sexually assaulted and faced criminal charges from.

As with Roberts, Democrats will be charged with the difficult task of trying to pin down Manson's judicial philosophy. But while Roberts had generated thousands of pages of legal documents, Manson's written record is pretty much limited to the little booklets inside the cases of his CD's. Nevertheless, I think these documents can provide a window into his legal reasoning.

For example, in the song "Sweet Dreams", Manson sings, "Sweet dreams are made of these. Who am I to disagree?" This line clearly suggests a strong deference to established judicial precedent, and it should give comfort to those who fear Manson will be a right-wing activist looking to overturn prior rulings on civil rights and abortion. On the other hand, conservative supporters of Manson could counter that "Sweet Dreams" is a cover song, and that it more accurately reflects the judicial philosophy of The Eurhythmics than of Manson himself.

Ultimately, it will be up to the Senate Judiciary committee to figure out what kind of judge Manson will be. But is that easier said than done? At his confirmation hearing, will Manson display the same command over constitutional law that Roberts did? Or will he simply display his genitals and call it a day? If he does, will C-Span be able to cut away in time?

These are the types of questions the American people deserve to have answered.