Our Supremes Becoming Politicos?

[HGROKIT]

I thought the function of the courts as the Judicial Branch was to remain neutral on all issues legislative and executive so that they can be the mediating influence and provide the balance of powers?

Seems Justice Kennedy is now providing commentary on what Americans should do and how we should view our punitive system.

I am not inviting conversation of the merits contained within the referenced report wither pro of con. What I am finding interesting and disturbing is a member of the court so publicaly giving opinion outside the court.

http://story.news.yahoo.com/news?tm.../ap/20040623/ap_on_re_us/crime_and_punishment

By ANNE GEARAN, Associated Press Writer

WASHINGTON - Supreme Court Justice Anthony M. Kennedy said Wednesday that society should re-examine how it spends money and makes choices about who goes to prison, how long they stay and what happens when they get out.

The report, nearly a year in the making, follows up on blunt criticism of the criminal justice system from Kennedy, a moderate conservative placed on the court by President Reagan. Kennedy asked the nation's largest lawyers' group to look at what he called unfair and even immoral practices throughout the criminal justice system.

"The phrase `tough on crime' should not be a substitute for moral reflection," Kennedy said.

 

[DKSuddeth]

well, I'd say thats just about as applicable as clarence thomas telling the media that its the courts job to provide morals for the populace.

 

[HGROKIT]

Originally posted by DKSuddeth
well, I'd say thats just about as applicable as clarence thomas telling the media that its the courts job to provide morals for the populace.

huh? something tells me I've missed something (ya know, ya gotta get up pretty early in the a.m. to get one over on me)

 

[DKSuddeth]

Originally posted by HGROKIT
huh? something tells me I've missed something (ya know, ya gotta get up pretty early in the a.m. to get one over on me)

he said it about 3 years ago. but i was more referring to the relevancy that it has with respect to kennedy talking about how much the government pays for and runs the penal system