Posted on 06/24/2005 1:13:50 PM PDT by Crackingham
Lawyers should speak up and explain the judicial process when judges come under attack, U.S. Supreme Court Justice Anthony Kennedy told members of the Florida Bar on Friday.
"When judges are attacked unfairly, it's proper for the bar over the course of time, in a professional and elegant way, to explain to the public the meaning of the rule of the law," Kennedy told several hundred lawyers attending the Florida Bar's annual meeting.
In the past year, the judiciary has come under attack from U.S. House Majority Leader Tom DeLay, who openly criticized the federal courts when they refused to order the reinsertion of Terri Schiavo's feeding tube. Delay pointed to Kennedy as an example of Republican members of the Supreme Court who were activist and isolated. Other conservative critics have accused the courts of housing "activist judges," and in Chicago, the husband and mother of a federal judge were found murdered in her home. There's nothing wrong with criticizing cases, Kennedy said.
"We want a debate on what the law does and what it means," he added. "Judges aren't immune from criticism and neither are their decisions."
What is worrisome is when the criticism isn't just focused on a decision but at the judiciary, and increasingly, individual judges, he said. Lawyers can act as an intermediary between the decisions made by judges and the larger society by explaining, he added.
"When the judiciary is under attack, the bar disengaged, the public indifferent and critics scornful, then this idea of judicial independence might be under a real threat," Kennedy said.
Some critics believe that the idea of judicial independence gives judges the ability to rule however they want to, but the opposite is true, Kennedy said.
"Judicial independence is so that a judge can do what he has to do or what she must do," Kennedy said.
Ref the movie: 'Ferris Beuhler's Day Off,' Ben Stein's scene
Yeah, and he wants lawyers to come out and explain to all of us why that's to be considered "the rule of law."
Kennedy used to be a law professor at McGeorge, in my hometown of Sacramento. What an embarrassment.
That sounds like a hoot. Could you point those posts out or were they already deleted?
I hear ya, but try to find a sufficient number of spines in Congress to do it.
Term limits would be a good start.
There are six current justices on the USSC that look to International Law for "answers".
trying impeachment cases is a right granted to the Senate by the Constitution. Overturning judicial decisions isn't.
I salute you. In fact, you should be encouraged to send your comments directly to the "Honorable" Justice Kennedy.
Soap Box? Nope. Ballot Box? Nope. Ammo Box you betchya.
No explanation needed you pias SOB.
...Excellent point! :)
Blue moons are much more commmon than impeachemnts. Think meteor strikes that level 5 square miles of forest and buildings.
Rule of law or rule of judges? I guess Kennedy sees in the Constitution a demand for citizens to never criticize the judicial branch of their government?
"Justice for life" isn't a good idea. Most of these guys (and gals) serve so long they begin to suffer dementia and have delusions of grandeur.
Lawyers -- now there's a group with REAL credibility.
I agree with her for a different reason.
Make these Clowns wear green leisure suits because it is a match for their IQ and because obviously they take themselves way too seriously.
This will be subtle now ... What's the difference between a vacuum cleaner and Justice Kennedy? A: One has a dirt bag, and the other is one.
ROFL Thank you for providing some much needed humor. :)
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