May 05, 2006

Justice Ginsberg Jumps the Shark

Many on both the Left & Right misunderstand the Madisonian system of checks and balances. Those misunderstandings are only amplified when an otherwise rational person goes to law school and is taught that seperation of powers somehow means that each branch of government is fully independent of the others.

If you want to get stupid real fast, go to law school. So it doesn't really surprise me that one our nation's top jurists opens her trap and lets the stupid come out. Newsmax:

Supreme Court Justice Ruth Bader Ginsburg said Tuesday that a Republican proposal in Congress to set up a watchdog over the federal courts is a "really scary idea." ....

"My sense now is that the judiciary is under assault in a way that I haven't seen before," she said.

As an example, she mentioned proposals by senior Republicans who want an inspector general to police judges' acceptance of free trips or their possible financial interests with groups that could appear before them.

"It sounds to me very much like the Soviet Union was .... That's a really scary idea," said Ginsburg, who was put on the court by President Clinton and is one of its liberal members. ...

Ginsburg said her concerns were about the legislative branch setting up a so-called guardian for the judicial branch. She also said there have been discussions in Congress about limiting the scope of courts.

Imagine that, Congress limiting the scope of courts. Those jack-booted thugs in Congress! Art. I, Sec. 8 of the Constitution:
The Congress shall have power to....To constitute tribunals inferior to the Supreme Court.
So Congress has the power to set up courts, but not to oversee them? Brilliant thinking justice Ginsberg!

My favorite part of her statement is the notion that supervising judges for malfeasance is somehow akin to the Soviet Union's political model of the courts. And while were ruminating on the depths of Justice Ginsberg's intellectual capacity, try to wrap your mind around this one: Hitler was a vegetarian, and so is that guy who played the farmer on Babe. Think about it.

Stop the ACLU has more along with some statements from that other judge who the Left is afraid of. You know, Justice Scalia, who wants more democracy. Scary thought, that.

Posted by: Rusty at 07:54 AM | Comments (10) | Add Comment
Post contains 386 words, total size 3 kb.

1 If you want to get stupid real fast, go to law school Hey, why the cheap shot?

Posted by: KG at May 05, 2006 10:02 AM (hyH5v)

2 I'll be surprised if many conservative judges support this. Separation of powers has meant, for the legislative and judicial branches, that they are largely self-policing. The major check on judicial self-government has been impeachment. They even get to decide, entirely on their own, whether to recuse themselves (Scalia is a firm believer in that privilege). For the legislative branch, each body enforces its own ethics standards, and reserves the right of expulsion. It is true that members of both branches have to follow generally applicable laws about corruption etc, and that's why we get an abscam, or the investigation of Alcee Hastings, both by the executive branch. But Ginsberg is right--an IG for the judiciary, particularly if it reported to one of the other branches, would be a revolutionary alteration in the fabric of our system of checks and balances. If there were huge amounts of judicial corruption that were not being caught by fear off impeachment, and self-regulation, I might favor it. I'm not convinced that is the case.

Posted by: jd at May 05, 2006 11:22 AM (Ff/ID)

3 Wow, she didn't trot out Hitler, but instead used the Evil Empire as a comparison. It's a small but significant indicator that she knows which way the wind is blowing, though she still thinks she can sail against it.

Posted by: Improbulus Maximus at May 05, 2006 06:32 PM (0yYS2)

4 keep the checks and balances they have worked well for a long time. Only 2 on the SCOTUS were appoinred by democrats.What extra powers would you want to grant to the next administration ?

Posted by: john Ryan at May 05, 2006 10:34 PM (TcoRJ)

5 John, as usual you have no idea what you're talking about, and make no sense whatsoever.

Posted by: Improbulus Maximus at May 06, 2006 06:14 AM (0yYS2)

6 I am thrilled to know where Bush's 32% approval rating are hiding. Dumbshit usually hides under rocks, there is your exit strategy Fool.

Posted by: D Allen at May 07, 2006 03:38 PM (grb7Y)

7 I think the 32% are right here under this this blog, D Allen! All 32% except for me. I am an avid Bush mocker! Think he pushes a few buttons ( war button included ), sets the auto-pilot, wipes his hands and says job well done ...

Posted by: Last gasp Larry at May 09, 2006 12:36 AM (FCC6c)

8 I don't like how Bush is running things either, because he seems stuck in a pattern of half-measures, and is trying to placate everyone at the same time instead of doing what he was elected to do, i.e. lead the nation in accord with the Constitution, which is generally isn't doing. He needs to kick out the muslims and illegals, pursue our enemies wherever they hide, and punish treason. Instead, he continues to straddle the fence while it's falling down.

Posted by: Improbulus Maximus at May 10, 2006 08:17 AM (0yYS2)

9 update: 31%

Posted by: Last gasp Larry at May 11, 2006 08:21 PM (FCC6c)

10 How about some Congressional oversight of the executive branch? You know, the people who cherry-picked intel to justify the trillion dollar Iraq quagmire? How about oversight of war profiteering? I guess that would upset the Washington lobbyists. No, they would rather spend your tax dollar strong arming the courts. Great. Send all of these Congressional nitwits packing in November.

Posted by: bdf at May 17, 2006 04:49 PM (/JA8O)

Hide Comments | Add Comment

Comments are disabled. Post is locked.
22kb generated in CPU 0.0134, elapsed 0.1458 seconds.
119 queries taking 0.1382 seconds, 259 records returned.
Powered by Minx 1.1.6c-pink.