Supreme Court Justice Says He's Worried About Political Criticism

AP ^ | 8/9/05 | Gina Holland

[Crackingham]

Supreme Court Justice Stephen Breyer said Tuesday that rulings on difficult subjects like gay rights and the death penalty have left courts vulnerable to political attacks that are threatening judicial independence. Breyer urged lawyers to help educate people about court responsibility to be an independent decision-maker.

"If you say seven or eight or nine members of the Supreme Court feel there's a problem ... you're right," he told the American Bar Association. "It's this edge on a lot of issues."

Sen. Lindsey Graham, R-S.C., who was speaking with Breyer, said: "The politics of judges is getting to be red hot." He said Supreme Court rulings on the Pledge of Allegiance and Ten Commandments have captured the public's interest and polarized Democrats and Republicans.

"There's nothing that's not on the table," former Solicitor General Theodore Olson said of the court's work, which this fall includes issues like abortion, capital punishment and assisted suicide.

Breyer said the nine-member court is focused on constitutional limits on major fights of the day. "We're sort of at the outer bounds. And we can't control politics of it, and I don't think you want us to try to control politics of it," he said.

Congressional leaders including House Majority Leader Tom DeLay, R-Texas, have criticized justices in recent months. DeLay was particularly critical of the court's refusal to stop Terri Schiavo's death and at a death penalty decision that cited international cases.

Breyer defended using overseas legal opinions as a guide only, adding, "It has hit a political nerve."

Breyer, Olson and Graham were discussing the future of courts on the final day of the ABA's annual meeting in Chicago. Also Tuesday, the group was debating whether to endorse federal protection for journalists who refuse to reveal their sources to prosecutors. Passage of such a measure would authorize the organization to lobby Congress, where "shield law" proposals are pending.

Judicial independence has been a major theme at the meeting of the ABA, a 400,000-member group. The group's policymaking board passed a resolution urging elected officials and others to support and defend judges. New group President Michael Greco of Boston said judges have faced physical threats, and threats of impeachment from Washington political leaders unhappy with court decisions.

"If we do not protect our courts, our courts cannot protect us," Greco said.

[conservativecorner]

Ya can't make this dung up BUMP!!

[Atlas Sneezed]

Maybe instead of ruling based on a desire to be accepted by Eastern liberal intelligensia, he is starting to worry about being accepted by those who value the Constitution.

[Petronski]

"Judaical" Activism?

Too Hebrew.

[lepton]

Breyer said the nine-member court is focused on constitutional limits on major fights of the day. "We're sort of at the outer bounds. And we can't control politics of it, and I don't think you want us to try to control politics of it," he said.

Which is why you approved CFR?

[pankot]

Breyer get your head out of your a#@.

[Savage Beast]

"rulings on difficult subjects like gay rights and the death penalty have left courts vulnerable to political attacks that are threatening judicial independence."

What about "Eminent Domain", Stephen??? (Are you paying attention, Justice Souter???) Maybe a little political--and economic--pressure on Supreme Court Justices is not such a bad thing, huh???

[seemoAR]

It is hard to understand how you have a better knowledge of our gooberment than our weeny supremes do.

[sergeantdave]

Look like the Marxists in black robes are getting a bit crispy around the edges from all the fire they're taking.

[Hostage]

Absolutely no mention of the Kelo decision on eminent domain.

[El Gato]

Supreme Court Justice Stephen Breyer said Tuesday that rulings on difficult subjects like gay rights and the death penalty have left courts vulnerable to political attacks that are threatening judicial independence. Breyer urged lawyers to help educate people about court responsibility to be an independent decision-maker

There would be no problem if they stuck to the wording and original meaning of the Constitution, the U.S. Constitution that is.

[El Gato]

SOLUTION: Interpret enforce the constitution. It needs very little "interpretation". At most it needs a little research into terminology as used in the late 1700s, or a bit of research into the debates surrounding the passage of various later amendments. This to define what the authors of the words meant by them.

[Revolting cat!]

He should have stuck to making the flavourless imitation of Dreyer's ice cream.

[El Gato]

Threatening judicial activism! That's what Breyer is worried about.

Indeed, far too many Judges and Justices have become the "domestic enemies" of the Constitution that many of us swore to defend it against, as did they.

[hoosierham]

Judicial independence as though they should never be bothered by the real-world effects of their asinine rulings is something that shouldn't exist.

I wish the founders had included term or gov't service limits such that no one could spend his whole life in the gov't. And they ought to have fixed the terms of judges at a lengthy but ,finite, term,say, 14 years in office then back to the real world.

[BlessedBeGod]

If you can't stand the heat, get out of the kitchen.

[planekT]

Ping for later read.

[El Gato]

Maybe the threat of impeachment is hitting a bit too close to home?

Impeachment is the only peaceable arrow in the quiver against these folks. The problem is, the ones who would have to conduct such proceedings, and even more so the ones who would then conduct the removal trials, are often as not, the beneficiaries of the un and extra constitutional decisions of The Court.

[freepatriot32]

Libertarian ping.To be added or removed from my ping list freepmail me or post a message here

[tutstar]

awwwwww....

[The KG9 Kid]

You're right. Breyer is a POS. This statement of his is evidence alone that he's unqualified to serve or understands the magnitude of his appointment.

Breyer, you're a tool. Resign.