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

Skip to comments.

SJC chief decries 'attacks' on judges Marshall defends bench independence
Boston Globe ^ | May 23, 2005 | Jenna Russell

Posted on 05/23/2005 2:53:00 AM PDT by ninonitti

WALTHAM -- The chief justice of the state Supreme Judicial Court said yesterday that rhetoric about judges destroying the country and the suggestion that court decisions should conform to public opinion are threatening public trust in the judicial system, a cornerstone of democracy. Justice Margaret H. Marshall, who has been widely criticized as a judicial activist since writing the court's 2003 decision allowing same-sex marriage, spoke before a crowd of 7,000 at Brandeis University's 54th commencement. A native of South Africa who fought apartheid before coming to the United States, she said she is not concerned about criticism of individual judges or decisions, but about ''attacks leveled at the very foundation of our legal system -- the principle that judges should decide each case on its merits . . . independent of outside influence."

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


TOPICS: Constitution/Conservatism; Culture/Society; Front Page News; Philosophy; US: Massachusetts
KEYWORDS: article8; judiciary; lewis; marshall
She was also married to New York Time's Commie in Residence Anthony Lewis which should go along way toward explaining her thinking.

The sad thing is a RINO drunk, William Weld appointed her.

1 posted on 05/23/2005 2:53:00 AM PDT by ninonitti
[ Post Reply | Private Reply | View Replies]

To: ninonitti

Marshall is full of it. Too bad we can't get her off the bench.


2 posted on 05/23/2005 3:03:36 AM PDT by TAdams8591 (Terri Schindler was NOT in coma, JUSTICE was.....)
[ Post Reply | Private Reply | To 1 | View Replies]

To: ninonitti
I welcome this story in the Globe. The more the story is in the public eye in a way that isn't pure propaganda, the better. Even the sensible things Chief Justice Marshall said in the commencement address and published here can be used to criticize the terrible Goodridge decision. She also displayed some incredible ignorance.
3 posted on 05/23/2005 3:58:19 AM PDT by NutCrackerBoy
[ Post Reply | Private Reply | To 1 | View Replies]

To: ninonitti

What tears at the respect the Judges ought recieve from the public is when a reasonable man cannot read in their
unreasonable decisions anything to suggest they honor their oath and honor the interpretive standard of the Clear
language used--and the intent of the men who wrote and ratified the instrument. "When any court violates the clear and unambiguous language of the Constitution ,a fraud is perpetrated and no-one is bound to obey it.'Seems a sound principle of Law written in State law somewhere.
This State Supreme Court ninny has her cart in front of her horse and it's ass.


4 posted on 05/23/2005 4:15:38 AM PDT by StonyBurk
[ Post Reply | Private Reply | To 1 | View Replies]

To: ninonitti

I guess something is hitting home. The judges think they are immune to criticism and are frustrated at those who criticize them. Just what do they think they do to us when they make these unconstitutional activist law decisions.
It looks like they are getting a little back for what they have done to the average American for years.


5 posted on 05/23/2005 4:59:40 AM PDT by AIC
[ Post Reply | Private Reply | To 1 | View Replies]

To: ninonitti
...attacks leveled at the very foundation of our legal system...

The legal system is assaulting us with their interpretations (interpretation cannot precede construction). Justice Margaret H. Marshall is insulting us with her arrogance. Justice Margaret H. Marshall you have the right to remain silent.

6 posted on 05/23/2005 5:08:47 AM PDT by PGalt
[ Post Reply | Private Reply | To 1 | View Replies]

To: ninonitti

This 'judge' wouldn't last here in IL, we elect our judges - even our State Supreme Court ones. And more than a few power drunk, loose cannon 'gods' have been removed by "We The People".


7 posted on 05/23/2005 5:14:24 AM PDT by Condor51 (Leftists are moral and intellectual parasites - Standing Wolf)
[ Post Reply | Private Reply | To 1 | View Replies]

To: ninonitti
This ol'gal is feeling the heat.

Time for her to step down and let a better person do the job.

8 posted on 05/23/2005 5:39:46 AM PDT by muawiyah
[ Post Reply | Private Reply | To 1 | View Replies]

To: ninonitti
The Globe failed (refused) to report the most important quote from Marshall's speech. Here is the lead from the Boston Herld's story, "The chief justice of the court that legalized same-sex marriage in Massachusetts told Brandeis University graduates yesterday that judicial independence must be protected from ``the will of the majority.'' Just about says it all, doesn't it.
9 posted on 05/23/2005 5:43:55 AM PDT by danno3150
[ Post Reply | Private Reply | To 1 | View Replies]

To: NutCrackerBoy
She also displayed some incredible ignorance.

She mostly displayed ARROGANCE, which is the main reason for the trouble the courts are in, as far as public opinion is concerned.

10 posted on 05/23/2005 5:57:13 AM PDT by SuziQ
[ Post Reply | Private Reply | To 3 | View Replies]

To: Condor51

Election of judges has certainly NOT improved the quality of Illinois judges. We still have sinkholes of corruption and idiocy like Madison County "Sue here, Big payouts, No Waiting" and Cook Country were the judges are RAT elected political hacks.

Only when a judge makes a horrendous decision and the Media hounds them are they removed. Most of their screwups are simply ignored. And few people know enough about any judicial matters to even vote on the judges.


11 posted on 05/23/2005 9:00:34 AM PDT by justshutupandtakeit (Public Enemy #1, the RATmedia.)
[ Post Reply | Private Reply | To 7 | View Replies]

To: justshutupandtakeit

James Taranto had a good take on Justice Marshall of Mass. at "Best of the Web" today (http://www.opinionjournal.com/best/?id=110006727 ):

Shut Up, She Explained

The woman who gave us same-sex marriage shows what she thinks of free speech, reports the Boston Globe:

The chief justice of the state Supreme Judicial Court said yesterday that rhetoric about judges destroying the country and the suggestion that court decisions should conform to public opinion are threatening public trust in the judicial system, a cornerstone of democracy.

Justice Margaret H. Marshall, who has been widely criticized as a judicial activist since writing the court's 2003 decision allowing same-sex marriage, spoke before a crowd of 7,000 at Brandeis University's 54th commencement. . . .

"I worry when people of influence use vague, loaded terms like 'judicial activism' to skew public debate or to intimidate judges," Marshall said. "I worry when judicial independence is seen as a problem to be solved and not a value to be cherished."

Gee, what about vague terms like "extremist" or "out of the mainstream"? Has Marshall forgotten the vituperative attack liberals waged on Judge Robert Bork 18 years ago--an attack in which her husband, Anthony Lewis, played a prominent role as a New York Times columnist? Is she unaware that Senate Democrats are similarly attacking a raft of Bush judicial appointees?

Perhaps this stab at humor casts some light on the questions:

Marshall began with a joke about the blue and white balloons suspended from the Gosman Sports Center ceiling. She said she liked the colors, which included "no red states"--winning a big laugh.

So if you don't like liberal activist court rulings, you should just shut up about it, but Marshall lacks even the self-restraint to refrain from partisan japery in public. Our respect for the judiciary is diminished somewhat after reading about Marshall's performance. Isn't yours?


12 posted on 05/23/2005 2:51:28 PM PDT by Unam Sanctam
[ Post Reply | Private Reply | To 11 | View Replies]

To: justshutupandtakeit
Well you're right about Crook County, Daley owns the judges and I don't know much about Madison County, except that it seems that it's the juries who hand out the huge judgments.

All that being said, can you imagine what would happen if the IL Supremes were appointed for life like in Mass and other states, we'd really be screwed. And all judges in general pretty much have to toe the line or they're not retained. IMHO the retention is our saving grace. Like when we threw out the Chief Judge who was an arrogant @$$ and a blatant drunk driver to boot.

Also, we're I'm at (DuPage) I can count on those judges being fair - then again they are all Republicans.

13 posted on 05/23/2005 3:39:25 PM PDT by Condor51 (Leftists are moral and intellectual parasites - Standing Wolf)
[ Post Reply | Private Reply | To 11 | View Replies]

To: ninonitti
The chief justice of the state Supreme Judicial Court said yesterday that rhetoric about judges destroying the country and the suggestion that court decisions should conform to public opinion...

We're not suggesting that court decisions should conform to public opinion. We're saying that they should conform to the Constitution (and the rest of the law), which Goodridge utterly failed to do.

What is "threatening public trust in the judicial system" is the courts' arrogant usurpation of decision-making powers that rightfully belong to the people and their elected representatives.

14 posted on 05/23/2005 4:07:26 PM PDT by Rebellans
[ Post Reply | Private Reply | To 1 | View Replies]

To: Unam Sanctam
"I worry when people of influence use vague, loaded terms like 'judicial activism' to skew public debate or to intimidate judges," Marshall said.

Good, you should be worried, and I'm glad you feel intimidated by it.

15 posted on 05/24/2005 4:41:04 PM PDT by inquest (FTAA delenda est)
[ Post Reply | Private Reply | To 12 | 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