Leahy Stresses Importance Of Judicial Independence In Face Of Attacks To Erode Judiciary's Role As A Crucial Check
Leahy Stresses Importance Of Judicial Independence In Face Of Attacks To Erode Judiciary's Role As A Crucial Check
At Judicial Conference, Leahy Warns of Various Court-Stripping Measures
Senator Patrick Leahy, (D-Vt.), Tuesday stressed the importance of an independent judiciary as a crucial check in our system and warned of the growing attacks against courts across the country after addressing the opening of the Judicial Conference of the United States.
Leahy, the ranking Democratic member of the Judiciary Committee, has been highlighting for months now the issue of the rise of threats from the political branches to strip the courts of jurisdiction, of demands for particular results in specific cases, and of threats of impeachment based on disagreements with court rulings.
"There is a disturbing trend afoot to erode the crucial independence of the judiciary. We have seen a growing number of bills to strip the federal courts, including the Supreme Court, of jurisdiction to decide cases involving First Amendment rights. The President and others predicated their support for a constitutional amendment to federalize the definition of marriage on disparaging the judiciary," Leahy said following the conference, which is held in closed session.
"Whether they are wrapped up in social controversies about the Pledge of Allegiance, school prayer, or the Ten Commandments, or the so-called war on terror' like the ill-advised floor amendment to limit habeas rights and judicial review of treatment of detainees at Guantanamo, I have opposed these efforts," he said.
One of the most high-profile and extreme examples of this Republican-controlled Congress trying to override courts was its misguided intervention in the case of Terri Schiavo, Leahy noted.
Several Republican-backed measures to strip courts of jurisdiction on certain issues have been introduced in the House, including bills that would deny courts from hearing any questions relating to the constitutionality of the Pledge of Allegiance, the interpretation of the federal Defense of Marriage Act, as well as blocking funds to enforce an existing court decision on the display of the Ten Commandments.
"It is well within the rights of every American, and every member of Congress, to disagree with a court decision, be it a state court, a federal court or even the Supreme Court. However, Congress has sought to nullify decisions by passing measures in the House that would deny federal funds to enforce them. These legislative attacks pose a threat to the judiciary's independence," said Leahy.
Supreme Court Justice Sandra Day O'Connor, who retired from the bench just last month, recently expressed similar concerns in a speech last week at Georgetown University. In her remarks, O'Connor warned that the persistent strong-arming attacks against the judiciary represented a direct threat to fundamental constitutional freedoms.
Leahy and Senator Arlen Specter, (R-Pa.), the chairman of the Judiciary Committee, addressed the conference at the Supreme Court. It is the first conference chaired by Chief Justice John Roberts.
The Judicial Conference, created by statute and led by the Chief Justice, is the policymaking body concerned with the administration of the federal courts. The Chief Judge from each appellate circuit and selected district court judges attend. They are assigned by the Chief to various policy committees, and they vote on various issues relevant to the administration of justice including whether to raise official concerns about pending legislation that will impact the federal courts. For example, they opposed last year's class action legislation.
http://leahy.senate.gov/press/200603/031406c.html