SCOTUS Why Breyer is Wrong

[Annie]

Dang this, but it's essential:

http://powerlineblog.com/archives/009182.php

 

[Hobbit]

"U.S. law is not handed down from on high even at the U.S. Supreme Court," he said. "The law emerges from a conversation with judges, lawyers, professors and law students. ... It's what I call opening your eyes as to what's going on elsewhere."

What about the Constitution? What about the legislature? What about the FRICKIN PEOPLE?! Did I miss something or did he just admit the Supreme Court does whatever the Hell it wants? I think this guy needs a reminder of where power is ultimately derived, the people. We should just impeach him and be done with it. Make an example of him. While I do believe the Supreme Court seats shouldn't just change hands, we need to reign in their power.

 

[Merlin1047]

I'll say it again - judges at ALL levels need to be elected by the people not appointed by politicians. Supreme court and federal district court judges need to be limited to serve not more than 10 years.

We the people need to get control of the rogue liberals who sit on the benches of our courts and pull rulings out of their butts like so many rabbits out of a magician's hat.

 

[ScreamingEagle]

Thank God for Scalia. We need a dozen more just like him.

We also need to kick out Ruth Bader-Ginsberg, former ACLU communist, who is actively leading the Court into the swamp of international law which will have the ultimate result of destroying our Sovereignty and thus our Constitution as the highest law of our land.

 

[pegwinn]

I'll say it again - judges at ALL levels need to be elected by the people not appointed by politicians. Supreme court and federal district court judges need to be limited to serve not more than 10 years.

We the people need to get control of the rogue liberals who sit on the benches of our courts and pull rulings out of their butts like so many rabbits out of a magician's hat.

I think that judges at the local level should be elected. I think that judges at the Federal Level should be appointed and confirmed like today. I think the USSC should be appointed by the president, debated by congress and then confirmed by the STATES. And it should be for life. Life appointments assure that the process is very well scrutinized. Anyone other than the USSC should be limited to reconfirming every few years or so. But who am I kidding, we can't get term limits for our own congress.

 

[Annie]

I would like some limitations considered, but I would come out against electing judges. Very few people ever have dealings with the courts; understand the adversarial system, much less the Constitution; or have even an inkling of interest in decisions.

The worst judges are the elected ones, already done at most local levels.

Just my opinion.

 

[Merlin1047]

The worst judges are the elected ones, already done at most local levels.

Just my opinion.

I hardly think that statement is either fair or accurate. Why would you suggest that a person appointed by a politician is somehow a better judge than a person elected by the people?

 

[pegwinn]

I hardly think that statement is either fair or accurate. Why would you suggest that a person appointed by a politician is somehow a better judge than a person elected by the people?

Just my two cents but I think she is alluding to the part time judge / full time politician syndrome. Personally I think local judges are more in tune with the locals who voted em in. Meaning that tarant county texas judges know the voters are tough on crime and if the judge wants to continue being a judge, he better be as well.

 

[Annie]

I hardly think that statement is either fair or accurate. Why would you suggest that a person appointed by a politician is somehow a better judge than a person elected by the people?

Merlin, what I've noticed is that the 'pols' are picking the slate of judges, making them much more open to pandering and such.

I agree that the appointments have their problems also, such as payback for favors, but seems to happen less, due to legislature balance-'advise & consent'. The executive wants to be able to 'brag' on bar approval and such.

It could just be that I'm from 'Chicago' area.