March 19, 2006

PROVING THEIR OPPONENTS' POINT:

Public Comments by Justices Veer Toward the Political (ADAM LIPTAK, 3/19/06, NY Times)

Speeches by Supreme Court justices are usually sleepy civics lessons studded with references to the Federalist Papers and the majesty of the law. That seems to be changing.

This month, former Justice Sandra Day O'Connor told an audience at Georgetown University that a judiciary afraid to stand up to elected officials can lead to dictatorship. [...]

The recent speeches, said Kermit L. Hall, the editor of "The Oxford Companion to the United States Supreme Court," may be breaking ground in judicial decorum.

"What's going on," Mr. Hall said, "is that Ginsburg and O'Connor are using their position — and it is striking that both are women — to state a position in favor of the judiciary that comes real, real close to taking a political position."


If five unelected judges don't stand up to the electorate it's a dictatorship?

Posted by Orrin Judd at March 19, 2006 10:29 AM
Comments

Their widdle feeling are hurt, they are the kinder, gentler sex after all, and they mean no harm. They do know best, after all.

Posted by: Sandy P. at March 19, 2006 11:42 AM

Ginsburg was the General Counsel for the ACLU - that's not political? And O'Connor was a legislator - that's not political?

And what happens when five (or seven) unelected judges decide to impose their will on society at large? 'Raw judicial power' is not political?

Boo-hoo.

Posted by: jim hamlen at March 19, 2006 12:24 PM

After they've successfully removed Bush and Cheney, maybe then the Dems will turn their impeachment attention to Scalia and Thomas for the high crimes of being insensitive to foreign jurisprudence and for interpreting the law as written.

Posted by: Raoul Ortega at March 19, 2006 1:56 PM

Raoul --

If they successfully remove Bush and Cheney, Thomas, Scalia any many others may be wanting to flee the country to avoid the ravages of the Pelosi Administration (though if that's not a winning scare tactic for the Republicans this fall, I don't know what is).

Posted by: John at March 19, 2006 3:14 PM

"This month, former Justice Sandra Day O'Connor told an audience at Georgetown University that a judiciary afraid to stand up to elected officials can lead to dictatorship."

I was under the impression that she actually said that if elected officials dare to criticize the judiciary it can lead to dictatorship. She's obviously gone insane. And if Ginsburg is saying anything at all similar she should be impeached immediately.

Posted by: b at March 20, 2006 1:41 PM
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