Tuesday, September 11, 2007

"The lady doth protest too much, methinks."

Here is a statement Justice O'Connor recently made in protest against statements made in Congress decrying "judicial activism":

"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."

And here is something I wrote in response:

Well, let's rewrite this eloquent statement of Justice O'Connor just a teensy, little bit:

"I, said Braveheart, am against judicial decrees driven by nakedly partisan reasoning. We must be ever-vigilant against those who would strongarm the People by imposing their preferred policies from the Bench. It takes a lot of degeneration before a country falls into judicial dictatorship, but we should avoid these ends by avoiding these beginnings."

The fact that the Justices are beginning to act so defensively encourages me that they are beginning to get it. Checks and balances are necessary on the judiciary no less than on the executive and legislative branches.


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