Posted on 08/09/2005 8:57:47 PM PDT by mrobison
CHICAGO - Supreme Court Justice Stephen Breyer said Tuesday that rulings on difficult subjects like gay rights and the death penalty have left courts vulnerable to political attacks that are threatening judicial independence.
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Breyer urged lawyers to help educate people about court responsibility to be an independent decision-maker.
"If you say seven or eight or nine members of the Supreme Court feel there's a problem ... you're right," he told the American Bar Association. "It's this edge on a lot of issues."
Sen. Lindsey Graham (news, bio, voting record), R-S.C., who was speaking with Breyer, said: "The politics of judges is getting to be red hot." He said Supreme Court rulings on the Pledge of Allegiance and Ten Commandments have captured the public's interest and polarized Democrats and Republicans.
"There's nothing that's not on the table," former Solicitor General Theodore Olson said of the court's work, which this fall includes issues like abortion, capital punishment and assisted suicide.
Breyer said the nine-member court is focused on constitutional limits on major fights of the day. "We're sort of at the outer bounds. And we can't control politics of it, and I don't think you want us to try to control politics of it," he said.
Congressional leaders including House Majority Leader Tom DeLay, R-Texas, have criticized justices in recent months. DeLay was particularly critical of the court's refusal to stop Terri Schiavo's death and at a death penalty decision that cited international cases.
Breyer defended using overseas legal opinions as a guide only, adding, "It has hit a political nerve."
Breyer, Olson and Graham were discussing the future of courts on the final day of the ABA's annual meeting in Chicago.
Also Tuesday, the group was debating whether to endorse federal protection for journalists who refuse to reveal their sources to prosecutors. Passage of such a measure would authorize the organization to lobby Congress, where "shield law" proposals are pending.
Judicial independence has been a major theme at the meeting of the ABA, a 400,000-member group.
The group's policymaking board passed a resolution urging elected officials and others to support and defend judges. New group President Michael Greco of Boston said judges have faced physical threats, and threats of impeachment from Washington political leaders unhappy with court decisions.
"If we do not protect our courts, our courts cannot protect us," Greco said.
On another subject, Greco defended the ABA's role in checking the background of Supreme Court nominee John Roberts and other federal judicial nominees. The committee has spent the past two weeks reviewing Roberts' work on an appeals court and interviewing people who have worked with him.
"The ABA does not, and we will not, protect the interests of any political party or faction, nor the interests of any ideological or interest group," said Greco, who previously oversaw the judge review committee.
Breyer told the group that the retirement of Sandra Day O'Connor is a personal loss and loss for the nation.
Agreed. They truly act like they want to play God with our lives. Breyer is lower than pond scum. He knows less about the US Constitution than Mark Levin.
I saw the video with Breyer. He is like many males on the left -- total sissy's. They are truly girlie men. The other type of males on the left are loud mouth idiots (Dean, Moore, etc.)
I'll tell ya, the more I listen to these guys the more I'm convinced that the constitution needs amending to set term limits for federal judges. These clowns think they are above criticism. There's a word for that, it's called NUTS!
Hey Stevie! Here's a rule of thumb for you to go by. If it's not in the Constitution, DON'T SAY IT IS. You can't go wrong. Jerk.
Here's some previous stupidity from the good Justice Breyer:
"Protect our judges"??? From whom, THE PEOPLE???
How about PROTECTING the CONSTITUTION?
You have to be kidding me.
You forgot one very important check on the Supreme Court. According to Article 3, Section 2, Clause 2: "In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make." Therefore, Congress can remove entire classes of cases from the appellate jurisdiction of the Supreme Court.
Wow. I never noticed that before.
Hey Breyer, you're a lousy judge, it's as simple as that!
Nice. Well put.
It's this part that gets me:
"...judicial independence..."
What IS that?
You're on recess. Supposed to be out sampling your constituent's opinions on the important matters of the day.
Get yer ass back down here to South Carolina where you belong! Do yer job.
Quit whining about legal activity.
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