AMERICA IS OUTRAGED.
WHERE IS PRESIDENT BUSH?
NOT A WORD.
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.
Apparently.
So, can a husband beat his wife, or a father rape his daughter, as long as he does it in the privacy of his home?
I'd rather seat a constitutional convention for the purpose of preparing omnibus amendments to cure issues wrongly decided in Marbury vs. Madison, Texas vs. White, Baker vs. Carr, Presser vs. Illinois, US vs. Miller, Bakke, Roe, Lawrence, various other Douglas-and-Brennan juridical laughers -- "penumbras" my ass! -- and generally treat the subjects of the federal system, subsidiarity, relations between state and federal sovereignties, and Court jurisdiction and overreaching, especially on Commerce Clause cases and property cases such as yesterday's, while specifically incorporating the Bill of Rights to all levels of government to cure lacunae in some State codes and upholding some of the other historic cases the Supreme Court has got right, such as Brown vs. Board and Ex Parte Merryman.
It's fairly obvious that it's time to take these matters in hand while the People still has the ability to do it. It's now or never.
When they are attacked without erit - unfairly - I would agree. But the headline, and the underlying intent of this idiot, is that ALL attacks on the judiciary are unfair.
And that's garbage!
You, sir, (or madam, as the case may be) are the winner. Good luck convincing even one Congressman to take responsibility, however.
I just noticed that Kennedy's comments were before the Florida Bar Association. I wonder if the "Honorable" Judge George Greer was in the audience?
Or something close to that.
Save Ferris!
Oh this is a bad decision no two ways about it.
Nope, thats an ex post facto law. A bill of attainder is an act of legislature declaring a person or group of persons guilty of some crime, and punishing them, without benefit of a trial.
#140
Why not? It's a Constitutional amendment I'm talking about, and the Constitution is the highest law of the land.
That's why I suggest we list their names in the Amendment, and say that they are fired from their positions as S.Ct. justices. That way we don't have to impeach them.
Heck, while we're at it, why don't we add that Hillary is disqualified from being President? Actually, that might be a bad strategy. Don't bite off too much at once.
The world will be Tloen.
I just watched that yesterday. I needed something fun and frivolous. :)
(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
AMERICA IS OUTRAGED.
WHERE IS PRESIDENT BUSH?
NOT A WORD.
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