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Monday, April 09, 2007

Justice O'Connor is Quite Annoyed With Us

Last week, former Supreme Court Justice Sandra Day O’Connor delivered an extraordinary speech at Southern Methodist University. She voiced her “concern” about the rising criticism of federal judges by those not in the elite club.

She went on to say that she has “grown weary” of partisan attacks on judges, believing that the public criticisms are undermining citizens’ confidence and faith in the judicial system.

One is safe in assuming that it has never crossed Ms. O’Connor’s mind to reflect on the judiciary’s role in the growing conflict. That is pretty disturbing given the crucial role she has played in using the power of the judiciary to undermine basic morality and the American family. Her pivotal role in defending Roe v. Wade is probably the clearest and most readily accessible example. But there are hundreds more available.

Members of the federal judiciary once understood that a system of constitutional democracy required judges to operate with extreme restraint when interfering with the decisions and values of Congress and the state legislatures as they strive to serve constituents. Even Justice Oliver Wendell Holmes, a classic liberal who served on the Supreme Court in the first part of this century, recognized the dangers to America when judges read particular political or economic theory into the constitution; he believed the Constitution required complete deference to the legislatures – except in blatant cases where representative bodies violated explicit rights articulated in the Constitution.

Those days are long gone. Now it seems most members of the federal judiciary feel empowered to serve as a third house of Congress, with veto entitlements because of their superior wisdom.

Not only is O’Connor’s denial disturbing – but we should take some umbrage from her tone. Apparently she is more than annoyed with the great unwashed for failing to appreciate all that she and her colleagues have done to us.

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