Democrats Abroad New Zealand
3.14.2006
  Dictatorship is the Danger (Guardian.co.uk)
A Reagan-appointed supreme court justice voices her fears over attacks on US democracy

By Jonathan Raban
Monday March 13, 2006
The Guardian

Linking the words "America" and "dictatorship" is a daily staple of leftwing blogs, which thrive on the idea that Bush administration policies since 9/11 are taking the country ever closer to totalitarian rule. Liberal fears that democracy is endangered by Republicans in Congress are so widespread, so endemic to the jittery political climate in the US, that they hardly bear repeating. It'll surprise no one to learn that another voice was added to the chorus last Thursday, warning that recent attacks on the American judiciary were putting the democratic fabric in jeopardy and were the first steps down the treacherous path to dictatorship.

What is surprising - more than that, electrifying - is that the voice belonged to Sandra Day O'Connor, who retired a few weeks ago from the supreme court. O'Connor is a Republican and a Reagan nominee. Regarded as the "swing vote" on the court, she swung the presidential election to George Bush in 2000.

Equally surprising is that O'Connor's speech to an audience of lawyers at Georgetown University was attended by just one reporter, the diligent legal correspondent for National Public Radio, Nina Totenberg. No transcript or recording of the speech has been made available, so we have only Totenberg's notes to go on. But - assuming they are accurate - the notes are political dynamite.

O'Connor's voice was "dripping with sarcasm", according to Totenberg, as she "took aim at former House GOP [Republican] leader Tom DeLay. She didn't name him, but she quoted his attacks on the courts at a meeting of the conservative Christian group Justice Sunday last year when DeLay took out after the courts for rulings on abortions, prayer and the Terri Schiavo case.

"It gets worse, she said, noting that death threats against judges are increasing. It doesn't help, she said, when a high-profile senator suggests there may be a connection between violence against judges and decisions that the senator disagrees with."

Then she spoke the D-word. "I, said O'Connor, am against judicial reforms driven by nakedly partisan reasoning. Pointing to the experiences of developing countries and former communist countries where interference with an independent judiciary has allowed dictatorship to flourish, O'Connor said we must be ever-vigilant against those who would strong-arm the judiciary into adopting their preferred policies. It takes a lot of degeneration before a country falls into dictatorship, she said, but we should avoid these ends by avoiding these beginnings."

(More ... Guardian Unlimited | Guardian daily comment | Dictatorship is the danger)
 
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