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.
I won't say what I want to say but I think most people can imagine. Abolish the SC - that's a start.
WE are the law and WE rule!
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.
And when black-robed thieves and killers pervert the course of justice it is entirely appropriate for the citizenry to call them on it.
So kennedy wants a profession the American people rank near the bottom to come to his defense? LOL
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.
There...
LOL! First laugh I've had all day! Thanks, I needed that. Seriously!
Well that would do away with 'Griswold vs. CT' and Miranda. Careful what you wish for.
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.
Oligarchy.
The saddest thing is that he replaced Robert Bork. What a damn shame.
Because the Justices are flipping morons.
Anthony Kennedy is a black robed tyrant.
...ah...errr, umm - I'm thinking, I'm thinking...
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.
Yes. For eminent domain law they rely on Rob't Mugabe's Zimbabwian law.
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