Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Conservative judges put politics aside when deciding a case
The Washington Times ^ | Tuesday, April 7, 2020 | James L. Buckley

Posted on 04/07/2020 7:57:47 PM PDT by E. Pluribus Unum

ANALYSIS/OPINION:

At a recent pro-choice demonstration in front of the U.S. Supreme Court building, Senate Minority Leader Chuck Schumer astonished Washington and embarrassed his Senate colleagues by yelling “I want to tell you, Justice Kavanaugh and Justice Gorsuch, you have unleashed a whirlwind, and you will pay the price. You won’t know what hit you if you go forward with these awful decisions.”

Decisions yet to be issued. Their sin? They had been appointed by Donald Trump from a list of potential nominees that the Alliance for Justice’s Nan Aron has described as including “some of the most extreme conservatives on the federal bench today.” That is enough to raise progressive hackles. But it begs the question of what the label “conservative” tells us about a particular judge’s approach to his work.

On the face of it, the nature of a federal judge’s responsibilities ought to be self-evident. While it is the job of Congress to enact laws and of presidents’ to implement them, in the words of the Supreme Court’s fourth chief justice, John Marshall, in Marbury v. Madison, it is “the duty of the judicial department to say what the law is.”

Not what a bare majority of a particular court believes it ought to be, but what it is. And lest federal judges be tempted to divert from this single duty in order to protect their jobs and pay, the U.S. Constitution provides them with two unique protections. They hold life tenure and their pay may not be reduced.

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


TOPICS: News/Current Events
KEYWORDS:

1 posted on 04/07/2020 7:57:47 PM PDT by E. Pluribus Unum
[ Post Reply | Private Reply | View Replies]

To: E. Pluribus Unum

Conservatives understand that the rule of law is all that stands between us and tyranny. It requires a certain amount of cerebral competence.


2 posted on 04/07/2020 8:26:05 PM PDT by Spok
[ Post Reply | Private Reply | To 1 | View Replies]

To: Spok

Which rules out certain political party affiliates.


3 posted on 04/07/2020 8:28:38 PM PDT by DoughtyOne (Some of the folks around these parts have been sniffing super flu.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: E. Pluribus Unum
Conservative judges put politics aside when deciding a case

Should say, "Only Conservative judges put politics aside when deciding a case."

4 posted on 04/07/2020 8:31:45 PM PDT by TChad (The MSM, having nuked its own credibility, is now bombing the rubble.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: E. Pluribus Unum
And lest federal judges be tempted to divert from this single duty in order to protect their jobs and pay, the U.S. Constitution provides them with two unique protections. They hold life tenure and their pay may not be reduced.

Except for the Supreme Court, those protections may be defeated.

Lincoln and Congress abolished the U.S. Circuit Court for the District of Columbia in 1863 and replaced it. The Supreme Court of the District of Columbia (now the United States District Court for the District of Columbia) was established.

The new Court filled the same function and duties as the old (since 1801) court. The significant difference was that Lincoln appointed all the judges of the new court, and the former judges were out of a job.

The Legislature can abolish and replace any Federal court except the U.S. Supreme Court.

5 posted on 04/07/2020 8:40:49 PM PDT by woodpusher
[ Post Reply | Private Reply | To 1 | View Replies]

To: E. Pluribus Unum

Is this William Buckley’s brother, the one who was a Senator from New York? This is an impressive article especially from a man who just turned 97.


6 posted on 04/07/2020 10:11:45 PM PDT by princeofdarkness (Leftists. Their only response to failure is to double down.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: princeofdarkness

Indeed. The one and only former Sen. Jim Buckley. Wow. 97. Wow. Wow. Wow. Absolutely incredible. His defeat of Roger Goodell’s father for the N.Y. Senate seat was one of American conservatism’s great moments of the 20th century. Ad multos annos!


7 posted on 04/08/2020 1:57:33 AM PDT by irishjuggler
[ Post Reply | Private Reply | To 6 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson