War on th Judiciary

Dispatches from the Creation Wars

Category archives for War on th Judiciary

Suing Judges

While conservatives are busy saying, “Attacks on judicial independence? What attacks on judicial independence?”, South Dakota has an amendment on the ballot this year allowing people to sue judges for making decisions they don’t like. And that’s not the half of it. The LA Times reports: South Dakota’s Amendment E would have the most sweeping…

Judge Pryor on Criticism of Judges

Judge William Pryor has an op-ed in the Wall Street Journal responding to recent arguments from Justice O’Connor concerning attacks on the judiciary (and perhaps to Judge Jones from the Dover trial as well, he has been saying much the same thing O’Connor has in speeches recently). Orin Kerr thinks Pryor got it “about right”,…

Susan Jacoby has a pretty good essay at TomPaine.com about anti-judicial rhetoric and how it is damaging our system of law. Part of the essay focuses on Judge Jones and quotes a particularly wise statement from him: “But I submit to you that as citizens, we do not want and cannot possibly have a judiciary…

One of the most frightening trends of the last few years is the alarming increase in anti-judicial rhetoric from the right. The courts, of course, are a convenient whipping boy for politicians who have to manipulate the populace to get elected to office. The courts are often in the position of having to overturn legislation…

Rhetorical bombs thrown at courts and judges are a common theme on the right and have been for quite some time. Any judge who rules against them is branded an “activist judge” seeking to impose “judicial tyranny”. We hear constant screeds against “unelected judges” who “subvert the will of the people” (curiously, and tellingly, they…