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Justice Kennedy: Lawyers Must Defend Judiciary From Attacks
AP ^ | 6/24/05 | Mike Schneider

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.


TOPICS: Constitution/Conservatism; Culture/Society; Front Page News; Government; News/Current Events; Philosophy
KEYWORDS: anthonykennedy; fascist; kennedy; oligarchy; pos; scotus
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To: Crackingham

I won't say what I want to say but I think most people can imagine. Abolish the SC - that's a start.


21 posted on 06/24/2005 1:20:40 PM PDT by mlc9852
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To: Crackingham
"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.

WE are the law and WE rule!

22 posted on 06/24/2005 1:20:53 PM PDT by MileHi
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To: Crackingham

Sorry, Mr. Justice Kennedy, when judges act like politicians, they should and will be attacked like politicians. The respect that was previously given to those in black robes has been diminished due to decisions from people like you. Just consider these attacks as emanations of penumbras of current and past Supreme Court decisions.


23 posted on 06/24/2005 1:20:53 PM PDT by cotton1706
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To: Crackingham
"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.

And when black-robed thieves and killers pervert the course of justice it is entirely appropriate for the citizenry to call them on it.

24 posted on 06/24/2005 1:21:38 PM PDT by Prince Charles
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To: Crackingham

So kennedy wants a profession the American people rank near the bottom to come to his defense? LOL


25 posted on 06/24/2005 1:21:43 PM PDT by Soul Seeker
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Comment #26 Removed by Moderator

To: Brilliant

You're MY kind of lawyer.

We need more like you. Better yet, you should be on the Supreme court instead of that daft egotist Kennedy.


27 posted on 06/24/2005 1:23:14 PM PDT by ZULU (Fear the government which fears your guns. God, guts, and guns made America great.)
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To: Brilliant
The current Supreme Court should be removed from the bench by Constitutional amendment, and every decision rendered by it since 1965 1938 should be declared without precedental value.

There...

28 posted on 06/24/2005 1:23:30 PM PDT by MileHi
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To: Freebird Forever

LOL! First laugh I've had all day! Thanks, I needed that. Seriously!


29 posted on 06/24/2005 1:23:46 PM PDT by Frank_Discussion (May the wings of Liberty never lose a feather!)
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To: Brilliant

Well that would do away with 'Griswold vs. CT' and Miranda. Careful what you wish for.


30 posted on 06/24/2005 1:24:08 PM PDT by Borges
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To: LibFreeOrDie

Both he and O'Connor.

I'm surprised O'Connor didn't vote with the libs here. She must have taken her medicine before studying the case.


31 posted on 06/24/2005 1:24:16 PM PDT by ZULU (Fear the government which fears your guns. God, guts, and guns made America great.)
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Comment #32 Removed by Moderator

To: Crackingham

Oligarchy.


33 posted on 06/24/2005 1:24:51 PM PDT by b4its2late (If at first you don't succeed, skydiving isn't for you.)
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To: My2Cents
Boy, was it a mistake to place this guy on the SC.

The saddest thing is that he replaced Robert Bork. What a damn shame.

34 posted on 06/24/2005 1:25:03 PM PDT by BTHOtu
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To: Frank_Discussion

Because the Justices are flipping morons.


35 posted on 06/24/2005 1:25:04 PM PDT by TXBSAFH (One man's Linux is another man's OS/2.)
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To: Crackingham

Anthony Kennedy is a black robed tyrant.


36 posted on 06/24/2005 1:25:10 PM PDT by NeoCaveman (Where government moves in, community retreats, civil society disintegrates - Jancie Rogers Brown)
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To: Frank_Discussion

...ah...errr, umm - I'm thinking, I'm thinking...


37 posted on 06/24/2005 1:25:18 PM PDT by Ladysmith ((NRA) Wisconsin Hunter Shootings: If you want on/off the WI Hunters ping list, please let me know.)
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To: Blogger

A federal judge in this town (now deceased) was a member of my coffee club and once had Anthony Kennedy as a weekend guest and golf partner. The judge told me that Kennedy was a good choice because he was a conservative and could be counted on to rule in accordance with the Constitution. The judge has been dead for five years now and must be spinning in his grave. Kennedy is not only an idiot, but he has been captured by the left and now foolishly quotes from European law in defending some of his rulings. He is a walking poster boy to do away with lifetime appointments to the bench. The bastards ought to have to run for the jobs, with tenure limited to eight years. It doesn't speak well of the system when Ted Kennedy, a poster boy for bad driving, has the power of appointment. The Founders also must be spinning in their graves.


38 posted on 06/24/2005 1:25:53 PM PDT by daddypatriot
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To: LibFreeOrDie
Isn't Justice Kennedy the one who looks to "international law" and Europe to determine how he should decide opinions on U.S. law?

Yes. For eminent domain law they rely on Rob't Mugabe's Zimbabwian law.

39 posted on 06/24/2005 1:26:03 PM PDT by Swanks
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Comment #40 Removed by Moderator


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