Tuesday, April 05, 2005

Will we now have to defend the independence of the judiciary?

In commenting on the best-selling non-book
Certainly it possesses chapters and words and other book-like accoutrements. But Men in Black is 208 large-print pages of mostly block quotes (from court decisions or other legal thinkers) padded with a forward by the eminent legal scholar Rush Limbaugh, and a blurry 10-page "Appendix" of internal memos to and from congressional Democrats—stolen during Memogate. The reason it may take you only slightly longer to read Men in Black than it took Levin to write it is that you'll experience an overwhelming urge to shower between chapters.
Men in Black by Mark Levin, Dahlia Lithwick warns that
maybe the far-right really thinks that attacking the independence of the judiciary as a whole is a smart move. Levin pays some lip service to the idea that the federal bench needs to be stacked with right-wing ideologues in his penultimate chapter. But he betrays early on his fear that even the staunchest conservative jurist is all-too-often 'seduced by the liberal establishment once they move inside the Beltway.' Thus, his real fixes for the problem of judicial overreaching go further than manipulating the appointments process. He wants to cut all judges off at the knees: He'd like to give force to the impeachment rules, put legislative limits on the kinds of constitutional questions courts may review, and institute judicial term limits. He'd also amend the Constitution to give congress a veto over the court's decisions. Each of which imperils the notion of an independent judiciary and of three separate, co-equal branches of government. But the Levins of the world are not interested in a co-equal judiciary. They seem to want to see it burn.
Get rid of the courts and the legislature? Tom Delay for supreme ruler?

No comments: