Thursday, March 31, 2005

CBA Officialdom: Take Note

Courtesy of View From the Right: "In 1895, future U.S. president and Chief Justice William Howard Taft, then a federal circuit court judge, wrote:
'The opportunity freely and publicly to criticize judicial action is of vastly more importance to the body politic than the immunity of courts and judges from unjust aspersions and attack. Nothing tends more to render judges careful in their decisions and anxiously solicitous to do exact justice than the consciousness that every act of theirs is to be submitted to the intelligent scrutiny and candid criticism of their fellow men. In the case of judges having a life tenure [i.e. federal judges], indeed, their very independence makes the right freely to comment on their decisions of greater importance, because it is the only practicable and available instrument in the hands of a free people to keep such judges alive to the reasonable demands of those they serve.'
What Taft says is so basic, so indispensable, and yet, in today's world, it sounds like an ancient, forgotten tongue. Far from freely commenting on Supreme Court judges, our political establishment and the public treat them like near-royalty, bowing and scraping before them like courtiers. Look at the unctuousness that prevails at any public event at which Supreme Court justices, particularly the liberal justices, are invited as speakers. In our age of self-esteem and denial of objective standards, the more shameless the judges become in their transgression of the laws and Constitution, the more respect they get." (Lawrence Auster) [italics are mine].

That turned up when I googled "impeaching federal judges" in the light of Terry Shiavo's death sentence and torture at the hands of the Florida State and Federal judiciary. Anyone who has ever appeared on a regular basis in Canadian courts would recognize the wisdom of President Taft's words. It also appears that Mr. Auster has been listening to our Prime Minister. "Bowing and scraping", indeed.