Posted on 04/20/2005 1:36:40 AM PDT by Cincinatus' Wife
WASHINGTON - House Majority Leader Tom DeLay ratcheted up his criticism of judges and singled out U.S. Supreme Court Justice Anthony Kennedy on Tuesday, faulting him for using the Internet to conduct research and for writing court decisions "based on international law."
DeLay, R-Sugar Land, who was critical of federal judges who refused to order the reinsertion of Terri Schiavo's feeding tube before her death, also noted his disappointment that Republican-appointed judges are "judicial activists."
DeLay and other conservatives were angered last month when the U.S. Supreme Court, in a 5-4 ruling, found the Constitution forbids executing convicts who committed crimes before turning 18. The court majority opinion noted that the views of international courts had been taken into account.
Won't step down as leader
"We've got Justice Kennedy writing decisions based upon international law, not the Constitution of the United States? That's just outrageous. And not only that, but he said in session that he does his own research on the Internet? That is just incredibly outrageous," DeLay said during an interview on Fox News Radio's The Tony Snow Show.
The interview was part of DeLay's public relations campaign with Republican-friendly news organizations to rebut criticism about his ethical behavior that has escalated in recent weeks.
Asked how the controversy has affected him personally, DeLay answered with a laugh: "Well, it certainly has gotten me closer to God."
DeLay said he would not step down from his leadership post unless he is indicted by a grand jury investigating one of his political action committees. House GOP rules require leaders to step aside following indictment.
DeLay has been the most critical congressional leader regarding judicial behavior.
Following Schiavo's death earlier this month — the Florida woman was in a vegetative state when judges declined to stop removal of her feeding tube — DeLay warned: "The time will come for the men responsible for this to answer for their behavior."
That and other comments by DeLay caused some Republicans who agree with his criticism of judicial activism, such as Vice President Dick Cheney and Senate Majority Leader Bill Frist, R-Tenn., to distance themselves from his remarks.
Last week, DeLay apologized for his "inartful" rhetoric but did not back away from his vow to have Congress review recent court decisions.
Defining 'good behavior'
On the radio program, DeLay offered more detail on what he is seeking.
He wants the House Judiciary Committee to probe the constitutional provision that says 'judges can serve as long as they serve with good behavior,' " he said. "We want to define what 'good behavior' means. And that's where you have to start."
DeLay said he opposes judges "that don't follow the Constitution and write their own laws. And of course, the leftists hate it when we attack the left's last legislative body."
Democrats have said Republicans such as DeLay are going after the judiciary, even threatening impeachment, because they disagree with their decisions.
During a routine House Appropriations Committee hearing last week to consider the Supreme Court's budget, Kennedy answered Republicans' criticism against judges by calling it "very healthy." He added that democratic dialogue makes democracy work.
Bump!
YEEEEEEEEEEEEEEESSSSSSSS!!!!
I'd like a Supreme Court Justice to be educated enough on the law to pull down the right book and look it up - or have clerks who could point him in the right direction.
The Internet isn't the end all and be all of information.
AMEN! He is a REAL AMERICAN! He is a REAL Conservative! He is a REAL LEADER!
Now we can pick the chaff from the wheat, beginning with McCain & Frist. Not much we can do about CHENEY now!
Making note to contact Delay's office with message of support. Today.
"I don't know about you but I would feel very uncomfortable in a court of law where a decision was rendered, not based on case law but, based on Google or Yahoo ;-)"
More likely they're using "FindLaw" or the works at various universities. Google and Yahoo are only tools to find info, not the info.
"It may be that Kennedy's fishing for something to give his decisions butt cover."
Don't they all? LOL
#Jefferson spent some 6 months or more consulting British, Greek and Roman history whilst preparing to write the Declaration of Independence.
It's not so much that they look to others to see what the current legal thinking is as much as WHO they look to. IMHO#
We are not part of the European Union YET! We are AMERICA.
Kenndy need not retrace Jefferson! We already have a Declaration of Independence! His job is to look at AMERICAN LAW!
#And what's wrong with using the internet?#
Breaking: Bananas coming in from Chile have been found to carry the Hepatitis C virus!!!!!
Ha ha ha..... so true
But I don't believe everyone "does it."
There are honorable judges.
Amen, DeLay. Don't let the blank-blanks get you. Stay and fight!
I'm with Lugsoul on this one. No human, no matter how good their memory, should consider themselves infallible when dealing with caselaw and American law precedent. Having the internet, with tools like Lexis/Nexis and Westlaw, to refer to appropriate caselaw is invaluable. Is it simpler and less-timing consuming to search for a Shakespeare quote in a database, or page through all the plays on paper? Even searching the Bible can be made more accurate by relying on search engines.
What I was slightly confused about was whether DeLay was opposed to the use of the Internet itself - which seems rather Luddite - or the fact that Kennedy does "his own research." Should Kennedy not do his own research? Can he rely on the research of clerks and assistants, even if they themselves do it on the Internet?
Surely Cheney and Santorum and Tancredo are not such novices that they didn't realize that ANY whiff of criticism of DeLay would be trumpeted by the leftists. The media could then breathlessly report that "even conservative Republicans" are "distancing" themselves from DeLay. If they haven't learned how the attack dogs operate after Nixon, Ginrich, and Lott, perhaps they should be in another line of work. Politics, as played by the out-of-power Democrats, is a blood-sport, and you'd better know how to defend against kidney punches and eye-ball gouges.
"We are not part of the European Union YET! We are AMERICA."
True and probably not a good source for social matters. But, how could they rule on a matter, say, of commerce between a US mfr. and one in Europe if they don't know who the EU operates? What if a Constitutional matter of treaties with other countries arises?
"We are not part of the European Union YET! We are AMERICA."
#True and probably not a good source for social matters. But, how could they rule on a matter, say, of commerce between a US mfr. and one in Europe if they don't know who the EU operates? What if a Constitutional matter of treaties with other countries arises?#
(COUGH) (waving the SMOKE away and moving those MIRROS)
Yes! THAT'S better!
So you were saying something about KENNEDY using the Internet and looking at INTERNATIONAL LAW to see how to effectlively respond to the AMERICAN CITIZEN...Terri Schiavo case brought before him?
I wonder if 'case law' might be illegal. Case judgements might be ok if, and only if, they are based on constitutionally legislated law.
##I'm with Lugsoul on this one. No human, no matter how good their memory, should consider themselves infallible when dealing with caselaw and American law precedent. Having the internet, with tools like Lexis/Nexis and Westlaw, to refer to appropriate caselaw is invaluable. Is it simpler and less-timing consuming to search for a Shakespeare quote in a database, or page through all the plays on paper? Even searching the Bible can be made more accurate by relying on search engines.
What I was slightly confused about was whether DeLay was opposed to the use of the Internet itself - which seems rather Luddite - or the fact that Kennedy does "his own research." Should Kennedy not do his own research? Can he rely on the research of clerks and assistants, even if they themselves do it on the Internet? ##
BREAKING: Bananas brought into the USA from Chile, found to contain the hepatitis C virus!
##No human, no matter how good their memory, should consider themselves infallible when dealing with caselaw and American law precedent.##
Here's the KEYWORD:American law precedent
Why would one look to INTERBNATIONAL LAWS to seek American law?
It would have been nice if Justice Kennedy had used the internet to study precedent. If so, he might have found an opinion written 15 years before where it was decided that states COULD execute convicted murderers who committed the crime when they were under-age (16 - 17 years old.)
And having found that 15 year old decision, then Justice Kennedy should have been compelled to explain what law was passed that would cause the decision to be abrogated ... after all, the Justices are supposed to be compelled to "stare decisis" (Latin for "let the decision stand").
Of course, the embarrassment is that Justice Kennedy was overturning his own decision of 15 years before, based on "evolving standards" and laws in other countries.
At this point, we either are compelled to accept that we have a Constitution that means ONLY what 5 of 9 judges decide it means at that time (subject to change) ... or it is time for a revolution to replace Justices who think that they have more power than the Constitution intended. I would prefer the latter.
Mike
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