Democrats Abroad New Zealand
4.07.2005
  The Judges Made Them Do It (IHT.com)
EDITORIAL

April 7, 2005
The New York Times

It was appalling when the House majority leader threatened political retribution against judges who did not toe his extremist political line. But when a second important Republican stands up and excuses murderous violence against judges as an understandable reaction to their decisions, then it is time to get really scared.

It happened Monday, in a moment that was horrifying even by the rock-bottom standards of the campaign that Republican zealots are conducting against America's judiciary. Senator John Cornyn, a Texas Republican, rose in the chamber and dared to argue that recent courthouse violence might be explained by distress about judges who "are making political decisions yet are unaccountable to the public." The frustration "builds up and builds up to the point where some people engage in" violence, said Cornyn, a former member of the Texas Supreme Court who is on the Senate Judiciary Committee, which supposedly protects the Constitution and its guarantee of an independent judiciary.

Listeners could only cringe at the events behind Cornyn's fulminating: An Atlanta judge was murdered in his courtroom by a career criminal who wanted only to shoot his way out of a trial, and a Chicago judge's mother and husband were executed by a deranged man who was furious that she had dismissed a wild lawsuit. It was sickening that an elected official would publicly offer these sociopaths as examples of any democratic value, let alone as holders of legitimate concerns about the judiciary.

The need to shield judges from outside threats - including those from elected officials like Cornyn - is a priceless principle of American democracy. Cornyn offered a smarmy proclamation of "great distress" at courthouse thuggery. Then he rationalized it with broadside accusations that judges "make raw political or ideological decisions." He thumbed his nose at the separation of powers, suggesting that the Supreme Court be "an enforcer of political decisions made by elected representatives of the people." Avoiding that nightmare is precisely why the founders made federal judgeships lifetime jobs and created a nomination process that requires presidents to seek bipartisan support.

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