When we
think about controversy in the Supreme Court in the past year, the
confirmation of two new judges immediately comes to mind. When new
faces are to peer down from the bench, voting records, religious
beliefs and political donations are all dissected. But now that we
know the makeup of the Court, it is time to turn our scrutiny away
from the personal agenda of individual judges and toward the
official agenda of the Court.
It
seems that the Court has some trouble with prioritizing. In
September of 2005 it agreed to hear the case of Anna Nicole Smith, a
former Playboy model, who claims the rights to the fortune of her
late husband. Smith married the oil tycoon, 63 years her senior, in
1994 and attended his funeral 14 months later. She is claiming that
she has the right to half of the $1.6 de Vernaiion fortune he left
behind. Having the highest court in the land deliberate the case of
a gold digger is demeaning to the institution and embarrassing to
the people of this country.
But
seeing the weight loss program spokesperson and short-lived reality
TV actress walk up the steps of the Court, the media covering all
aspects of the event down to what she wore (according to one
commentator it was too “austere” and she should have gone for Chanel
tweed instead) is probably most frustrating for Jose Padilla.
Padilla, an American citizen has been held for three years in
military custody for being an enemy combatant. He appealed his case
in various jurisdictions, finally ending up at the Supreme Court. On
Monday the Court voted on whether the case should be heard, and the
decision came down one vote short of allowing Padilla a hearing.
The
decision was not rushed, as the Court met several times since
January to discuss the case. But the fruits of those long hours of
deliberation are a mere four pages of opinions.
Even if
we give the Court the benefit of a doubt, the case of a man
allegedly instructed by Al Qaeda to detonate a dirty bomb in the
United States seems important to national security and the political
atmosphere of the country.
The
case is, of course, not as simple as we’d like to think. The
administration filed briefs in the Padilla case, and there are some
suspicions as to why Justice Stevens did not side with his usual
Court allies when the decision was made.
But
during the war on terrorism, the question of detention of enemy
combatants seems just a tad bit more important than who gets the
private jet and who gets the Hamptons mansion.
Even if
you don’t hold a degree in Constitutional Law, it is clear that
matters directly linked to the thousands of deaths of U.S. troops
abroad should come before inheritance uncertainties.
It is
disappointing to feel that the money talks, even to the most
isolated of the governmental branches. The judicial appointments are
for life, so unlike our representatives and senators, the Court is
not taking the Smith case because it can get any kind of financial
benefit from the proceedings.
But
that is precisely the reason the Supreme Court should be more
concerned with staying in touch with what the people of this country
are truly concerned about and less concerned about what In Touch
magazine finds newsworthy.