Friday, April 22, 2005

The Judiciary

This week, the judicial system failed one of my clients. Unfortunately, such failures happen in this country multiple times every day. My client's misfortune was, however, just part of the price we, as a society, have to pay collectively for the imperfect - yet also brilliant - government system that our ancestors had the wisdom to establish.

In other words, I agree 100 percent with this op-ed from Ted Olsen. Here is a taste.

As much as we deplore incidents of bad judging, we are not necessarily better off with -- and may dislike even more -- adjudications made by presidents or this year's majority in Congress.

Calls to investigate judges who have made unpopular decisions are particularly misguided, and if actually pursued, would undermine the independence that is vital to the integrity of judicial systems. If a judge's decisions are corrupt or tainted, there are lawful recourses (prosecution or impeachment); but congressional interrogations of life-tenured judges, presumably under oath, as to why a particular decision was rendered, would constitute interference with -- and intimidation of -- the judicial process. And there is no logical stopping point once this power is exercised.


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