3.10.2006

O'Conner on Republicanism

NPR's Nina Totenberg broadcast an amazing story this morning about a talk that Justice Sandra Day O'Connor gave at Georgetown University. Listen to it here. Excerpts:

Then, she took aim at former House Majority 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 its rulings on abortion, prayer, and the Terry Schiavo case. This, said O’Connor, was after the federal courts had applied Congress' one-time-only statute about Schiavo as it was written, not, said O'Connor, as the Congressman might have wished it were written. The response to this flagrant display of judicial restraint, said O'Conner, her voice dripping with sarcasm, was that the congressman blasted the courts.

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 jurisdictions and cutting judicial budgets to punish offending judges. Any of these might be debatable, she said, as long as they are not retaliation for decision 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 formerly 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 strong-arm 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.
I hope she continues to speak out. If she writes a book, I'll buy it.

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