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Sandra
Day O'Connor rips into GOP, DeLay, Cornyn, and warns of the
"beginnings" of dictatorship
NPR's Nina
Totenberg aired an amazing story this morning about a talk that
just-resigned Supreme Court Justice Sandra Day O'Connor gave at Georgetown University. The first
woman to serve on the High Court wouldn't allow her actual words to be
broadcast, and that's a shame, because -- based on Totenberg's report
-- every American needs to hear what she said. The Reagan appointee who
became a moderate and an American icon -- Bush v. Gore notwithstanding
-- all but named names in thinly veiled attacks on former House
majority leader Tom DeLay and Texas Sen. John Cornyn, and ended with a
stunning warning.
We
transcribed some of the report, which you
can listen to here. (UPDATE: Here's a
full transcript from Raw Story.)
O'Connor
told her Georgetown audience that
judges can make presidents, Congress and governors "really really mad,"
and that if judges don't make people angry, they aren't doing their
job. But she said judicial effectiveness is "premised on the notion
that we won't be subject to retaliation for our judicial acts." While
hailing the American system of rights and privileges, she noted that
these don't protect the judiciary, that "people do":
Then,
she took aim at former House Majority 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 its rulings on abortion,
prayer, and the Terry Schiavo case. This, said O’Connor, was
after the federal courts had applied Congress' one-time-only statute
about Schiavo as it was written, not, said O'Connor, as the Congressman
might have wished it were written. The response to this flagrant
display of judicial restraint, said O'Conner, her voice dripping with
sarcasm, was that the congressman blasted the courts.
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. She didn’t
name him, but it was Texas Sen. John Cornyn who made that statement
after a Georgia judge was murdered in court and the family
of a federal judge in Illinois was murdered in the judge's home.
Now, the kicker:
O'Connor
observed that there have been a lot of suggestions lately for so-called
judicial reforms -- recommendations for the massive impeachment of
judges stripping the courts of jurisdictions and cutting judicial
budgets to punish offending judges. Any of these might be debatable,
she said, as long as they are not retaliation for decision that
political leaders disagree with.
“I,”
said O’Connor, “am against judicial reforms driven by nakedly
partisan reasoning. Pointing to the experiences of developing countries
and formerly 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.”
If
Georgetown or anyone else
has an audiotape or videotape of the retired justice's words, we would
strongly urge them to release it (with her permission). If the NPR
report accurately reflects what she said, this rises to the level of
President Dwight Eisenhower's 1961 warning about the
"military-industrial complex" -- and should be heard by all.
Posted on NPR &
rawstory.com March 10, 2006 10:28 AM
See also Ginzburg Faults Critics
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