Rehnquist Defends Judicial Independence in Yearly Report

[TaleWgnDg]

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"Saturday, January 1, 2004
Rehnquist Defends Judicial Independence in Year-End Report
by Bernard Hibbitts at 1:44 PM

"(JURIST) In a year-end report on the federal judiciary issued Saturday Chief Justice William Rehnquist, still recovering at home from cancer treatment that has kept him off the bench since November, emphasized the need to protect judges from political pressure and threats, citing calls from some conservative groups in partiuclar to impeach judges for judicial 'activism':

" 'By guaranteeing judges life tenure during
good behavior, the Constitution tries to
insulate judges from the public pressures
that may affect elected officials. The
Constitution protects judicial independence
not to benefit judges, but to promote the
rule of law: judges are expected to administer
the law fairly, without regard to public
reaction. Nevertheless, our government,
in James Madison's words, ultimately derives
"all powers directly or indirectly from
the great body of the people." Thus, public
reaction to judicial decisions, if it is
sustained and widespread, can be a factor
in the electoral process and lead to the
appointment of judges who might decide
cases differently. . . .'

" 'Although arguments over the federal
Judiciary have always been with us, criticism
of judges, including charges of activism,
have in the eyes of some taken a new turn
in recent years. . . . At the same time,
there have been suggestions to impeach
federal judges who issue decisions regarded
by some as out of the mainstream. And there
were several bills introduced in the last
Congress that would limit the jurisdiction
of the federal courts to decide constitutional
challenges to certain kinds of government
action. . . .'

"The 2005 report also discussed the federal judiciary's ongoing budget crisis and the courts caseload.

DC Supreme Court litigation firm Goldstein & Howe has posted a copy of Chief Justice Rehnquist's report here (http://goldsteinhowe.com/blog/files/rehnquist.2004.pdf).

The Los Angeles Times has more (http://www.chron.com/cs/CDA/ssistory.mpl/nation/2973098)."

(italicized and bold-faced type emphasis added by TaleWgnDg)

http://jurist.law.pitt.edu/paperchase/2005/01/rehnquist-defends-judicial.php
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[Spinzonner]

1. Rehnquist and his co-conspirators forfeited any claim

to Judicial Independence with the Gore-Bush decision in December 2000

Reap what you sow,Rehnquist, you hypocrite !

[TaleWgnDg]

2. . . . quotes of Rehnquist from his end-of-year report . . .

"The constitution protects judicial independence
not to benefit judges, but to promote the rule of
law: Judges are expected to administer the law
fairly, without regard to public reaction."
- William H. Rehnquist, Chief Justice of the
U.S. Supreme Court, in his 2004 year-end
report on the federal courts, January 1, 2005.

"A judge's 'judicial' acts may not serve
as a basis for impeachment. Any other rule
would destroy judicial independence. Instead
of trying to apply the law fairly, regardless of
public opinion, judges would be concerned
about inflaming any group that might be able
to muster the votes in Congress to impeach
and convict them." - William H. Rehnquist,
Chief Justice of the U.S. Supreme Court,
in his 2004 year-end report on the federal
courts, January 1, 2005.

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[Maat]

6. Ma'at here.

I'm studying for the Bar. It is both rip-roaringly satisfying and amsuing to see Rehnquist standing up for justice and the judiciary. NOW he seems to understand the role of the judiciary, one of its key functions independently protecting the rights of the minority - or protecting the minority from the tyranny of the majority.

His quotes make me laugh because, as I recall reading his opinions, hasn't he generally been the guy trying to return us to the 1950's right-wing ideal?

[TaleWgnDg]

7. Yup. And best of luck w/ the Feb bar exam . . . n/t

[Name removed]

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[TaleWgnDg]

4. EEeeeeeeeeeeewwwwwwww . . . n/t

[Name removed]

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