The Judiciary Thread




Earle, can these individuals be subpoenaed for a Senate hearing? I know that an ordinary person can, but a sitting judge? And if they can, I can't help but wonder why one wasn't issued to either or both of these people.

EDIT: Or is this a pointless GOP stunt?
More like your edit. If the substance of the subpoena was their decisions, the answer is a resounding "no." A judge can't be called on the Congressional carpet to justify his/her decision. The independence of the judiciary is woven into the Constitution. Who could enforce such a subpoena, when any judge can issue a stay of it? BTW, the immigration judges, just like "labor judges," etc., would be better named "administrative hearing officers"...
 
More like your edit. If the substance of the subpoena was their decisions, the answer is a resounding "no." A judge can't be called on the Congressional carpet to justify his/her decision. The independence of the judiciary is woven into the Constitution. Who could enforce such a subpoena, when any judge can issue a stay of it? BTW, the immigration judges, just like "labor judges," etc., would be better named "administrative hearing officers"...
I agree. The word "judge" is fast-becoming pretty toxic in this country.
 
Why is it becoming toxic? Could it possibly be because people in power disregard the orders of a judge?

Rather than judges being toxic, I think the GOP is trying "cancel" judges.
Trust me, it ain’t just one side. Many SCOTUS decisions have not only been questioned around here, but accusations toward them have been launched like a round from a sniper rifle.
 

This month, the U.S. Judicial Conference issued new ethics guidelines, a publication that rarely attracts attention beyond a small circle of legal nerds. These guidelines, however, are not just the usual tweaks on rules governing free meals or travel. They include a new policy that could materially alter the character of the American courts, allowing judges to engage in commentary to rebut what they deem “illegitimate forms of criticism and attacks.” It is not just injudicious, it is dangerous.

There is no paucity of such criticism in our country. Many pundits have leveled such attacks against the President, but this was a sitting judge. These judges are using their offices to amplify their personal outrage over policies. The result is that they are erasing the distinction between our courts and our politics.

Given these increasingly injudicious comments, one would think that Chief Justice John Roberts and the Judicial Conference would seek to tighten, not loosen, the limits on judicial commentary.
 
These judges are using their offices to amplify their personal outrage over policies. The result is that they are erasing the distinction between our courts and our politics.


OH DON'T MAKE ME LAUGH!!!


If there was any such REAL distinction between courts and politics, we wouldn't have people losing their collective intestinal contents whenever the "other" side was the one appointing the judges. And don't even pretend this started with "well, it's just Trump," Joe Biden and Ted Kennedy took out after Robert Bork nearly 40 years ago - not because of anything he'd done but because "he might rule on a case in a way we don't like." (And no, it didn't start with them, either, they created the modern-day version of the circus for TV).

There is no distinction, there never has been for the most part. Vincent Bugliosi pointed out that what's bizarre is that two of the most despised groups of people in society (career-wise) are lawyers and politicians, but one of the most respected is JUDGES, who largely get to be prominent based upon being both a lawyer and a politician. As he put it, a $25 robe miraculously transforms these people into possessing characteristics they never had previously at least in the eyes of the public.

All a judge really is is an instrument by which a politician can assure his ideology and political plans can continue to be implemented long after he (or she) is dead. The higher you go, the more obvious this is.

Let's put it like this: go find me a list - from the last 25 years - of conservative judges appointed by Democrats or liberal judges appointed by Republicans. AT ANY LEVEL. Most of them that are make it either because they successfully hid who they were and survived the vetting or because they underwent one of those radical "Paul on the road to Damascus" personality alterations after they arrived on the court.

Now - I'm NOT saying every judge is a shameless ideologue who will just rule however in favor of their buddy in the extreme. Most judges who haven't consumed the elixir of social media mob rule have their feet on the ground enough to realize that having a bunch of your opinions overturned by your betters isn't good for your future. I'm just saying most of them are there - the appointed ones - simply because the person appointed them agrees with what they think that person will rule.
 
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