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Now she tells us
Washington Times ^ | November 25, 2006 | By Paul Greenberg

Posted on 11/25/2006 12:34:51 AM PST by JohnHuang2

The latest critic of a Supreme Court ruling turns out to be the justice who supplied the key vote in its favor: Sandra Day O'Connor.

Addressing a legal conference in Texas, the former associate justice of the U.S. Supreme Court had some second thoughts about her opinion in Minnesota v. White back in 2002, which struck down that state's restrictions on judges' expressing their political views in campaigns for the bench.

The case was decided 5 to 4, and Justice O'Connor's concurring opinion made all the difference. Renowned in her time on the court as its swing vote, she's now swinging back. What do you suppose has changed her mind, or at least softened her opinion?

Well, the former associate justice has been on a crusade since she left the court. She's concerned about threats to the independence of the American judiciary, as all of us should be. As usual, the threat comes from those who believe we the fickle people should be able to repeal unpopular decisions at will, or recall judges who deliver unpopular opinions, and in general subject fundamental law to the transient moods of ever shifting public opinion.

(Excerpt) Read more at washtimes.com ...


TOPICS: Editorial; News/Current Events
KEYWORDS: judicialactivism; judicialtyranny; oconnor; sandradayoconnor; supremecourt

1 posted on 11/25/2006 12:34:52 AM PST by JohnHuang2
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To: JohnHuang2

when a judge becomes an advocate, the judge ceases to be an impartial arbitor.


2 posted on 11/25/2006 1:10:47 AM PST by SCHROLL
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To: JohnHuang2
She's concerned about threats to the independence of the American judiciary, as all of us should be. As usual, the threat comes from those who believe we the fickle people should be able to repeal unpopular decisions at will, or recall judges who deliver unpopular opinions, and in general subject fundamental law to the transient moods of ever shifting public opinion.

When Courts hand down decisions like Kelo, why should not the people move to repeal them or not move to have judges with so little regard for the US Constitution and the rights of the common man removed from office?

Decisions such as Kelo are abhorrent to the Constitution and should not stand. Judges who make such rulings do not belong on the Supreme Court and should be removed.

Appointed judges serve for life terms on condition of good behavior. NO Supreme Court judge has ever been impeached and removed from office. This in no way infers that it is not among the powers of the congress.

It is only the fact that Supreme Court Justices primarily act only as a single body and that they have a code of silence about their deliberations that no judge has ever been impeached.

3 posted on 11/25/2006 3:17:46 AM PST by Pontiac (All are worthy of freedom, none are incapable.)
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To: JohnHuang2
I haven't read the article, but from the few paragraphs ... I guess she is acting more like an American citizen now than a SC Goddess?

Would to God America would wake up and take a look at what the traitors of many colors have done to attempt the destruction of America.

I pray it's not too late .. and I'm pretty good at bull$h!tt!ng myself into all kinds of things .. but my fear for our nation of liberty and freedom is way too real and deep.

4 posted on 11/25/2006 3:19:07 AM PST by knarf (Islamists kill each other ... News wall-to-wall, 24/7 .. don't touch that dial.)
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To: knarf
..... but my fear for our nation of liberty and freedom is way too real and deep.

I hear you!

5 posted on 11/25/2006 3:21:01 AM PST by beyond the sea ( Whiskey For My Men, Beer For My Horses)
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To: JohnHuang2

"She's concerned about threats to the independence of the American judiciary, as all of us should be. "

The founders never intended that five unelected black-robed dictators should run the country.

An elected congress was given the power to check unelected judges by controlling the money to the judiciary, limiting what areas judges may rule on and impeaching judges who abuse their power.

Congress has the ultimate power as it should, not judges.


6 posted on 11/25/2006 5:03:21 AM PST by sergeantdave (Consider that nearly half the people you pass on the street meet Lenin's definition of useful idiot)
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Comment #7 Removed by Moderator

Comment #8 Removed by Moderator

To: JohnHuang2
She's concerned about threats to the independence of the American judiciary, as all of us should be.

I don't get this... where in the Constitution or the Federalist Papers is this concept expressed? Instead, the Founders were quite clear that impeachment, conviction, and removal of judges should occur on an as-needed basis, and that impeachment itself could happen for any reason Congress deemed as appropriate.

9 posted on 11/25/2006 5:46:11 AM PST by ikka
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To: JohnHuang2

In mosty states, judges are elected form the plaintiff BAR--trial lawyers. They take care of each other depsite evidence. We have to force a better system because there's no such thing as fairness when trial lawyers are protecting the bank accounts of other trial lawwyers.


10 posted on 11/25/2006 5:52:48 AM PST by BamaAndy (Heart & Iron--the story of America through an ordinary family. ISBN: 1-4137-5397-3)
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To: JohnHuang2

Sandra was busy making law for the last 25 years.

Supremes are given the honor to rule on law, not make new laws. That honor is based on trust. She pissed that trust away.

Her "best" law manufacturing stunt was condoning racial preferances for college applicants, thereby refusing to hold up antidiscrimination laws. Reading her justification for that stunt, she had no law or contitutional foundation to back her up. It was raw politcs.

She ignored all laws that forbid racial discrimination.
She admited that such laws should be enforced .... someday ..... but not on her watch.

Sandra, you were appointed to enforce law, not write it.

You failed big time. Just shut up and go away.


11 posted on 11/25/2006 6:10:44 AM PST by PA-RIVER
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To: PA-RIVER

"just shut up and go away"

You are right! She had a chance to follow the Constitution and she decided that she was too important to do just that. Who cares what the hell she pontificates on now. She had her chance and screwed the United States citizens.


12 posted on 11/25/2006 7:02:54 AM PST by freeangel ( (free speech is only good until someone else doesn't like what you say))
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