Criticizing the Judiciary

Wall Street Journal ^ | April 23, 2005 | Theodore Olson

[JBW]

A prominent member of the Senate leadership recently described a Supreme Court justice as "a disgrace." An equally prominent member of the leadership of the House of Representatives on the other side of the political aisle has characterized another justice's approach to adjudication as "incredibly outrageous." These excoriations follow other examples of personalized attacks on members of the judiciary by senior political figures. So it is time to take a deep breath, step back, and inject a little perspective into the recent heated rhetoric about judges and the courts.

We might start by getting a firm grip on the reality that our independent judiciary is the most respected branch of our government, and the envy of the world.

***

But, absent lawlessness or corruption in the judiciary, which is astonishingly rare in this country, impeaching judges who render decisions we do not like is not the answer. Nor is the wholesale removal of jurisdiction from federal courts over such matters as prayer, abortion, or flag-burning. While Congress certainly has the constitutional power, indeed responsibility, to restrict the jurisdiction of the federal courts to ensure that judges decide only matters that are properly within their constitutional role and expertise, restricting the jurisdiction of courts in response to unpopular decisions is an overreaction that ill-serves the long-term interests of the nation. As much as we deplore incidents of bad judging, we are not necessarily better off with--and may dislike even more--adjudications made by presidents or this year's majority in Congress.

[NoControllingLegalAuthority]

"incidents of bad judging" ??

A probate judge in Florida orders the starvation to death of an innocent woman and we're supposed to be tolerant?

That judge ought to be tried for murder, not just impeached.

We're not talking about an unpopular division of an estate by a probate judge. We're talking descent into barbarism, far beyond the scope of their legitimate power, by a series of judges (including appeals and Supreme Court justices) who have departed from humanity with this atrocity, showing utter disregard for the value of human life.

This started with a groundless creation of a constitutional "right to an abortion" by the U.S. Supreme Court (in Roe v. Wade) where such a right does not, NOR EVER HAS, existed.

If America were still a civilized nation, we'd put all of these black-robed outlaws behind bars.

[trebb]

I used to respect Ted's opinions, but I'm starting to think it was his wife that gave him credence. God bless her soul.

[exDemMom]

impeaching judges who render decisions we do not like is not the answer.

Then I would like to know what is the answer. We have too many corrupt judges who are drunk on power, and the more they are allowed to get away with imposing their personal (and skewed) visions of what THEY think our country should be, the less freedom we all have. As recently demonstrated in FL, our very lives are not safe when a tyrannical judge is allowed to keep sitting on the bench.

Impeaching bad judges might not be a perfect answer, but it's better than allowing them to be dictators.

[gaspar]

Olson is arse-kissing in the hope that he will have easy sledding to the Supreme Court. Fat chance, sapolio.

[Right_in_Virginia]

As much as we deplore incidents of bad judging, we are not necessarily better off with--and may dislike even more--adjudications made by presidents or this year's majority in Congress.

Sounds like Olson is advocating an untouchable dictatorship in black robes.

Stunning.

[frankiep]

"We might start by getting a firm grip on the reality that our independent judiciary is the most respected branch of our government, and the envy of the world."


EXCUSE ME?!?!?!

[Reo]

Hopefully, this article is a vehicle for Ted Olsen to lay out some of his legal/political thoughts prior to his nomination to become either Associate or Chief Justice of the Supreme Court of the US. He certainly must be ranked high among the small group of top contenders. What a gift that would be for the nation.

[teletech]

If we allow this judicial activism to continue, it will become acceptable and common in American society. We cannot and must not let that happen. Judges are supposed to apply the law NOT make the law.

[AnalogReigns]

Well said.

I fully agree.

[Wonder Warthog]

"Then I would like to know what is the answer."

Elect a president and both houses of Congress that will nominate and "advise" the installation of judges that are "strict constructionists" of the written, historical Constitution. That is why it is CRITICALLY important that Frist and the Senate Republicans detonate the "nuclear option" to reduce the impact of the un-precedented obstructionism of Senate Democrats via filibuster.

[backhoe]

A probate judge in Florida orders the starvation to death of an innocent woman and we're supposed to be tolerant? That judge ought to be tried for murder, not just impeached. We're not talking about an unpopular division of an estate by a probate judge. We're talking descent into barbarism, far beyond the scope of their legitimate power, by a series of judges (including appeals and Supreme Court justices) who have departed from humanity with this atrocity, showing utter disregard for the value of human life. This started with a groundless creation of a constitutional "right to an abortion" by the U.S. Supreme Court (in Roe v. Wade) where such a right does not, NOR EVER HAS, existed. If America were still a civilized nation, we'd put all of these black-robed outlaws behind bars.

Well said.

[sport]

Bump

[sport]

If America were still a civilized nation, we'd put all of these black-robed outlaws behind bars.


2 posted on 04/24/2005 5:21:40 AM PDT by NoControllingLegalAuthority

Amen and Amen!!!!

[Graymatter]

Another poke in the eye from a conservative I respect. (The last one being from Krauthammer.) Another one implying that people like me, who don't agree with people like him, are not in their right minds. ("Take a deep breath," "start by getting a firm grip on the reality...")

The reality is that an innocent, disabled woman has been executed by order of a judge, snuffed out in a prolonged torture of starvation, and the judiciary, by and large, considered it lawful and appropriate. They should all be impeached if not prosecuted.

You are part of the problem, Olson. Do not tell me my rage is in need of the remedy of a deep breath.

[Graymatter]

Sounds like Olson is advocating an untouchable dictatorship in black robes.

If I were not too old to put theory into front-line practice, I'd be advocating overt rebellion because of these judges. I have never been angrier in all my life.

[onemorevoice]

I agree that George Greer should be tried for murder, along with Michael Schiavo and several other conspirators. Read the investigative article in theempirejournal.com to see where the money trail went. Senator King was the creator of the law that Greer made retroactive so they could kill Terri by removing "artificial life support" of her feeding tube. According to the article, Jodi Centanze (Michael's girlfriend) was the director of Liberty American Insurance Group, a multimillion dollor corporation under the umbrella of Philadelphia Consolidated holding company. This umbrella company donated to Sen. King's campaign. Michael Schiavo was a listed officer of Liberty American, even though he holds no insurance license. There is a question whether Michael took out an insurance policy called a "viatical settlement" on Terri, which would pay off for a person judged terminally ill who dies.
This is outrageous! Who decides what is politically correct? The majority does! Should we let a vocal minority rule and ruin our judicial system through greed and corruption while the majority backs off?

[exDemMom]

Elect a president and both houses of Congress that will nominate and "advise" the installation of judges that are "strict constructionists" of the written, historical Constitution.

We the people keep trying; unfortunately, when those we elect to represent us get to D.C., something happens to them. I think they mistake the strident screeches of the MSM for the voice of the people, and act accordingly.

[Lord Basil]

When judges play politics, they deserve to be treated like politicians.