Day By Day© by Chris Muir.

Monday, February 07, 2005

Courts are not policy forums

Neil Gorsuch has written a truly wonderful article about the fact that the liberals' use of the Court's to achieve policy changes can have terrible outcomes, not only for the causes they espouse, but for the validity of our entire judicial system. I particularly like this point about the problems inherent with activist judges:

At the same time, the politicization of the judiciary undermines the only real asset it has — its independence. Judges come to be seen as politicians and their confirmations become just another avenue of political warfare. Respect for the role of judges and the legitimacy of the judiciary branch as a whole diminishes. The judiciary's diminishing claim to neutrality and independence is exemplified by a recent, historic shift in the Senate's confirmation process. Where trial-court and appeals-court nominees were once routinely confirmed on voice vote, they are now routinely subjected to ideological litmus tests, filibusters, and vicious interest-group attacks. It is a warning sign that our judiciary is losing its legitimacy when trial and circuit-court judges are viewed and treated as little more than politicians with robes.
As an attorney who has often found herself on the downside of activist judges, I can attest to the fact that the disrespect one feels for these people is profound, and it certainly taints the way in which I view the judiciary. Take the time to read the article for Mr. Gorsich's comments about the corresponding damage to the legislative process and to the Left itself.