Sen. Pat Leahy, D-Vt., said today that even if Obama had selected Moses for the Supreme Court, Republicans would find a reason to oppose the nomination.
With all due respect, there are a number of reasons to oppose the nomination of Moses, but none have anything to do with his birth certificate. He wouldn’t need to be a natural-born American citizen to reach the high court. (Though questions would arise about his receipt of government assistance while in the care of Pharoah’s daughter.)
He would need to pass a confirmation hearing that would undoubtedly include these problems:
1. Record of non-transparency
Moses went up Mount Sinai only to return with two tablets which he referred to as the Ten Commandments. These commandments were developed behind closed doors without any input from the people.
2. Overbroad rulings and lack of restraint
His judgment of the case Pharoah v. Israelites resulted in the death of every firstborn in Egypt, locusts, and the contamination of the water supply. It also exhibited a complete disregard for stare decisis.
3. Lack of independence
Because of his stutter, Moses relied on his brother Aaron to lead, making it unclear to what extent he’s responsible for his own actions and words.
4. Unable to separate church and state
For many jurists, a love of the law and the Constitution comes first. But Moses claims he first came to law-giving as a result of a “burning bush.” Even in his major court battles, he resorted to using mystical powers like turning his walking stick into a snake. This is unfitting for the high court.
5. Favoritism
Moses clearly favored Israel and his rulings hardly benefited the Amalekites and the Midianites for instance.
6. Murder or self-defense?
Moses had killed an Egyptian in defense of the abuse being inflicted on a kinsman — but he then hid the body. (Exodus 2:12) Does that sound like self-defense?
7. Constitutional philosophy that is outside the mainstream
At a time when his countrymen were worshiping a golden calf, Moses instead insisted that the law he was presenting was better.
Democrats would be making a big mistake to nominate someone like Moses in this political environment.
