Al Mohler gives an introduction:

In contemporary America, pornography is both a public reality and big business.  Ambient pornography — sexually explicit advertising, entertainment, and merchandising — is all around us.  But pornography is also big business, producing sexually explicit materials in printed, video, and digital formats and making billions of dollars in the process.

The pornography industry has a big stake in defending itself against legal challenges and restrictive laws, and it has been stunningly successful in doing so.  One of the leading legal defenders of pornography has been David Ogden, a lawyer who can only be described as a First Amendment extremist, who has even argued against laws against child pornography.

President Barack Obama has nominated David Ogden as Deputy Attorney General of the United States.  This nomination is both ominous and dangerous.  Given David Ogden’s high visibility in defense of pornography, this nomination sends a clear and unmistakable message.  The pornography business will have a friend in high office in the Department of Justice.

Steven Groves of the Heritage Foundation has some other concerns about the Ogden nomination.

In the 2005 case Roper v. Simmons, Ogden succeeded in convincing a narrowly divided Supreme Court to declare the juvenile death penalty unconstitutional and spare the life of his client, who killed a woman in cold-blood nine months before he turned 18.

Groves says Ogden argued that the high court should look to laws, legal opinions, and decisions of foreign countries and international organizations regarding the death penalty. He notes that in particular, Ogden cited the United Nation’s Convention on the Rights of the Child (CRC) — a 1989 treaty that bars the execution of people who commit crimes while under the age of 18.

Ogden, says Groves, pointed out that the United States is one of only two countries in the world that has not signed onto that treaty.

"[He argued] that doesn’t mean that the U.S. doesn’t have to follow the treaty, [but that] it means the opposite — that the United States must follow the treaty that it has specifically decided not to join," says Groves. "Why? Because [Ogden argued] the rest of the world has joined it — and so therefore it’s some new customary, international norm and the United States must outlaw the juvenile death penalty."

So he wants the United States Supreme Court to use foreign laws for precedent, and to adhere to treaties we’ve never signed.  Regardless of your position on whether or not we should sign the CRC, Ogden wants our courts to decide cases based on laws we have no control over, and to unilaterally implement treaties that our legislature hasn’t agreed to or our President hasn’t signed.

Judicial activism, anyone?  Well, more like judicial usurpation.  And Obama wants this guy as our Deputy AG, fighting for the rights of pornographers to get their stuff in front of as many eyeballs as possible, never mind the age.  (He fought against porn filters in libraries, too.) 

Is this just your basic Democratic "family values" kinda’ guy?

Filed under: CultureDougJudiciaryLiberal

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