More and more people are weighing in to criticize the Indiana Supreme Court’s decision that citizens do not have the right to resist illegal entry into their homes. Rush Limbaugh even spent time on yesterday’s show in shock over an opinion that was written by Justice Steven David, a Mitch Daniels appointee. Many of you may remember a previous post I wrote back in September, when I first expressed disappointment with Daniels’s horrible record on judicial issues.
Judge David is most well known for having served as chief defense counsel for detainees at Guantanamo Bay. In testimony before the House Armed Services Committee in 2008, David praised the majority opinion in Boumediene v. Bush (which conferred a right to habeas corpus on alien enemies detained abroad by our military forces in the course of an ongoing war) and said, “The most important thing that Boumediene held is something that I always thought was obvious . . . that in America, there are no law-free zones.”
There has also been some controversy relating to a death-penalty case wherein he ruled that a defendant who had been convicted and twice sentenced to death for killing a police officer could not receive the death penalty because of long delays in his case. And, since he was appointed, my attention has been drawn to the bio released by the governor’s office, which says that David is a member of the American Judicature Society. AJS is one of the leading institutional proponents of “merit” selection, and a beneficiary of more than $1 million in contributions from George Soros’s Open Society Institute since 2000.
It would be fairly easy for Daniels to disown David on the basis that his hands were tied by Indiana’s version of the Missouri Merit Deception Plan, the method of judicial selection preferred across the country by trial lawyers and Soros acolytes. The problem with that is that Daniels is on the record praising David and stating that the Missouri Plan is “a model to be emulated, not discarded. It is not broken; it requires no repair.”