Justice O'Connor Decries Republican Attacks on Courts





She told an audience at Georgetown University that Republican proposals, and their sometimes uncivil tone, pose a danger to the independence of the judiciary, and the freedoms of all Americans.

In an unusually forceful and forthright speech, O'Connor said that attacks on the judiciary by some Republican leaders pose a direct threat to our constitutional freedoms. O'Connor began by conceding that courts do have the power to make presidents or the Congress or governors, as she put it "really, really angry." But, she continued, if we don't make them mad some of the time we probably aren't doing our jobs as judges, and our effectiveness, she said, is premised on the notion that we won't be subject to retaliation for our judicial acts. The nation's founders wrote repeatedly, she said, that without an independent judiciary to protect individual rights from the other branches of government those rights and privileges would amount to nothing. But, said O'Connor, as the founding fathers knew statutes and constitutions don't protect judicial independence, people do.

And then she took aim at former House GOP leader Tom DeLay. She didn't name him, but she quoted his attacks on the courts at a meeting of the conservative Christian group Justice Sunday last year when DeLay took out after the courts for rulings on abortions, prayer and the Terri Schiavo case. This, said O'Connor, was after the federal courts had applied Congress' onetime only statute about Schiavo as it was written. Not, said O'Connor, as the congressman might have wished it were written. This response to this flagrant display of judicial restraint, said O'Connor, her voice dripping with sarcasm, was that the congressman blasted the courts.

It gets worse, she said, noting that death threats against judges are increasing. It doesn't help, she said, when a high-profile senator suggests there may be a connection between violence against judges and decisions that the senator disagrees with. She didn't name him, but it was Texas senator John Cornyn who made that statement, after a Georgia judge was murdered in the courtroom and the family of a federal judge in Illinois murdered in the judge's home. O'Connor observed that there have been a lot of suggestions lately for so-called judicial reforms, recommendations for the massive impeachment of judges, stripping the courts of jurisdiction and cutting judicial budgets to punish offending judges. Any of these might be debatable, she said, as long as they are not retaliation for decisions that political leaders disagree with.

I, said O'Connor, am against judicial reforms driven by nakedly partisan reasoning. Pointing to the experiences of developing countries and former communist countries where interference with an independent judiciary has allowed dictatorship to flourish, O'Connor said we must be ever-vigilant against those who would strongarm the judiciary into adopting their preferred policies. It takes a lot of degeneration before a country falls into dictatorship, she said, but we should avoid these ends by avoiding these beginnings.



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John W Bland - 3/16/2006

Thank you for speaking out. Everyone else is apparently too befrighted. Please don't be offended if this atheist say's God bless you. If there is a God, she has my vote.

The level of outright evil in out government and justice system is probably beyond repair but why go silent to the slaughter? Law, as it is practiced in the USA has long become rather casual, even to the point of uncontrolled judge's choice . . . Illegal, as a Batavia, NY policeman once told me, "is a sick bird." "I'm the law here," said a Lewiston NY JP—in court yet. If the law can't police itself—think of the police "code of silence" and "testilying"—how can there be hope that sickos like Delay (and the other "ten thousand, as the Chinese would say) will be brought to account? And now the needed control judging of judges seems to be in the form of deputizing shills for devils in drag.

I am aware that the Democrats are in a poor position to cast the second stone. What's a voter to do, even if there is a chance that the vote will actually be counted? I guess the only answer is found in the Consitution.