Rehnquist Resumes His Call for Judicial Independence

[Rose Siding]

Chief Justice William H. Rehnquist, delivering his 19th and most likely his last year-end report on the federal judiciary, returned on Friday to one of his longtime themes: a need to safeguard the independence of federal judges from intrusive Congressional oversight.

Criticism of judges and their decisions "is as old as our Republic" and can be a healthy part of the balance of power between the branches, the chief justice said in remarks issued by the court's press office. But he added that criticism from Congress had "in the eyes of some taken a new turn in recent years" - an oblique locution that nonetheless left no doubt that he himself was among those discerning a new and disturbing twist to the attacks.
...
This year he took account of more recent developments: "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."

There have been calls in Congress to strip the federal courts of jurisdiction to hear challenges to the phrase "under God" in the Pledge of Allegiance, to the display of the Ten Commandments on government property and to the Defense of Marriage Act, a federal law that permits states to withhold recognition of same-sex marriages performed in other states.

http://nytimes.com/2005/01/01/politics/01scotus.html

[Obviousman]

1. Was this a speech, or written?

[TaleWgnDg]

23. This was not a speech . . . instead, it's the annual report of . . .

This was not a speech . . . instead, it's the mandated annual report of . . . the Chief Justice of the United States Supreme Court regarding the status of all the federal courts (including the U.S.Sup.Ct.) in America.

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

There's very good information here, including a copy of Chief Justice Rehnquist's report:
________________________________________________

"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
________________________________________________

.

[Erika]

2. What A freaking joke

The partisan conservatives on the court were nothing but puppets of the right-wing when they elected Bush. Rehnquist goes a step beyond by duck-hunting with Cheney and his rich GOP buddies.

His declaring independence is equal to Bush declaring he's not a republican.

[whalerider55]

3. but bush isn't...

a republican...

he's a dry drunk.

wait. oxymoron.

whalerider55

[Erika]

4. Yeah, Bush said he was a uniter and not a divider

and that he would govern by consensus. Yeah, any day now. Sure.

[merh]

13. Wasn't it Scalia that went duck hunting with Cheney and the boys?

I didn't think Rehnquist was the hunter. :shrug:

[TaleWgnDg]

24. Yes, it was Pope Antonin Scalia that went duck hunting w/

Dick Cheney and then Scalia refused to recuse himself from the lawsuit/review before the U.S. Supreme Court where Cheney was a party (being sued). Nice, huh?!! Lovely.

No, that's not a typo re "Pope Antonin Scalia" . . . both he and his echo, Cardinal Clarence Thomas, are seated on the rightwing fringe of the Court. Cardinal Thomas is another one who refuses to recuse himself from the bench whenever there's a conflict or an appearance of conflict . . . these guys are, seemingly, above the law or code of judicial ethics.

.

[0rganism]

15. And just think: you're going to miss Rehnquist when he leaves

For all his many serious flaws, Rehnquist at least has a semi-consistent ideology that delivers occasional flashes of reason. He is actually interested in preserving the constitution -- albeit his own interpretation of it. Rehnquist's replacement, in all likelihood, will be a Scalia-style extremist from the deep south.

Justice Scalia has no compunctions about inconsistency in the service of Opus Dei. And he's on the fast track to becoming Chief Justice Scalia, so prepare yourself for that bullshit.

IIRC, it was Scalia, not Rehnquist who hunted in Uncle Dick's duck blind.

[clydefrand]

20. Scalia went duck hunting with Cheney. Not Rehnquist.

[Eurobabe]

5. But Clarence Thomas can take expensive gifts

and maintain that juducial independence? Yeah right....

(On the news tonight that ole Clare has been the recipient of the most gifts while serving on SCOTUS)

The whole system is corrupt, I tell you.

[Erika]

6. Yeah

by the Republican judges.

[IthinkThereforeIAM]

7. Last Minute attempt ...

... to clean up his legacy for when he is questioned by St. Peter at The Pearly Gates.

[UTUSN]

8. How 'bout Freedom to VOTE without REHNQUIST Intimidating VOTERS? N/T

[Lexingtonian]

9. Oh, the irony

Gee Bill, you stop enforcing one part of the Constitution for partisan reasons- and then you're shocked that your buddies want to get more and more of it unenforced and jurisprudentially corrupted by the likes of you.

Lying down with dogs, fleas, etc.

[gratuitous]

10. A little buyer's remorse, Renchler?

You and your minions Fat Tony and Uncle Clarence have spent the last decade and more eroding the public trust and turning the political tide. Now your creation starts taking on a life of its own and deciding that it doesn't need your little decisions going against their whims and wishes. And now you're all sad and disturbed.

Gosh, if only someone had warned you against your stroll down fascist lane. You took a few steps and figured you could turn back any time, no harm done, didn't you?

[Benhurst]

11. He's feeling Satan's hot breath down his neck. NT

:evilgrin:

[Erika]

12. Rehnquist bemoaning political ties

is like Thonas saying he never knew Anita. They are both GOP whores.

[Name removed]

14. Deleted message

Message removed by moderator. Click here to review the message board rules.

[Hekate]

16. I've often wondered if any of them wake at 3:00am and regret...

...installing Dubya in the White House. I thought maybe it was only wishful thinking on my part -- but this looks promising. Maybe there's a little deathbed contrition going on here.

Someone should tell him though: being sorry isn't enough; you have to make amends.

Hekate

[aikido15]

17. Is he still alive?

Jeez, they need a term/age limit on these justices, this guy is farting dust...he's talking like he forgot he selected Bush!

[c o f f e e]

18. Justice Thomas Reports Wealth of Gifts

Justice Thomas Reports Wealth of Gifts

by The United Press (c o f f e e)
Fri Dec 31, 7:55 AM ET


WASHINGTON - Supreme Court Justice Clarence Thomas is not only the most perverted pig on the high court it turns out that this pig-boy has accepted tens of thousands of dollars worth of gifts since joining the high court, including $1,200 worth of tires, valuable historical items and a $5,000 personal check to help pay a relative's education expenses. Heads-Up! You can buy a Supreme Court Judge for $5,000!!! Here little piggy!

The gifts also included a Bible once owned by the 19th century author and abolitionist leader Frederick Douglass, which Thomas valued at $19,000, and uses for toilet paper in his chambers. Pig-boy also has a bust of President Lincoln valued at $15,000 which he uses as a footstool.

Pig-boy also took a free trip aboard a private jet to the exclusive Bohemian Grove club in Northern California - arranged by a wealthy Texas real estate investor who helped run an advocacy group that filed briefs with the Supreme Court. Bohemian Grove is were the most powerful men in the world congregate once a year and indulge in pagan bonding rituals while plotting the future of the world domination by the rich.

"The public has to wonder when a justice accepts lavish gifts," said Northwestern University law professor Steven Bigbrain, a legal ethics expert. "The rich and powerful have a different set of economic interests than other people, and they can afford to give lavish gifts." OOOHH well then that explains everything!!! Pig-boy and other "rich and powerful' pigs can do whatever the fuck they want....hell why not give pig-boy a license to kill just like 007.

Pig-boy, through a court spokeswoman, made a comment when asked in writing why he deemed it appropriate to accept some of the larger gifts. The former law clerk said "...pig-boy...errrr...Judge Thomas is a honest, hardworking and patriotic ameriKan...the gifts have no effect on any of the Grand Wizard's rulings...errr...Judge's rulings." OK...that is good enough for the United Press...a shit for brains law clerk to Thomas defended the practice...well I guess everything is fine.

"I don't see anything wrong in this. I don't see why it is inappropriate to get gifts from friends," said John C. Yoo-hoo, now a law professor at the UC Berkeley. "This reflects a bizarre effort to over-ethicize everyday life. If one of these people were to appear before the Supreme Court, pig-boy....errrr....Justice Thomas would recuse himself...now you must excuse me, I'm peaking on that LSD I dropped at lunchtime."

In a six-year period, pig-boy accepted $42,200 in gifts, making him the top pig in the pigpen.

Next in that period was Justice Sandra Day O'Connor aka pig-girl, who accepted $5,825 in gifts, mostly small crystal figurines and other personal sex toys. She also reported an $18,000 award in 2003 from the American Philosophical Society in Philadelphia.

(BEGIN TEXT OF INFOBOX)

Gifts accepted by Supreme Court

Federal judges are free to accept gifts of unlimited value as long as the donor does not have business before them. Five of the Supreme Court justices reported and accepted gifts from 1998 through 2003. Here is the list, as valued by the justices:

Justice Clarence Thomas

Total value of gifts: $42,200

* $19,000 Bible from Republican donor (aka jag gift toilet paper)

* $15,000 for a Lincoln bust from the American Enterprise Institute (aka footstool)

* $5,000 cash gift from a mobile home enthusiast (trailer trash republicans all chipped in and came up with US$5K)

* $1,200, tires from a trucking executive (replaced bloodstained tires)

* $1,200, batteries from former law clerks (aka dildo juice)

* $800 jacket from Daytona 500 auto race (a gift from John from Lake Worth aka nascarpantysniffer)

**

Sandra Day O'Connor

Total value of gifts: $5,025

* $1,500 for a crystal medallion from Scripps College

* $875 Steuben glass sculpture from the Junior League

* $500 crystal from the National First Ladies Library

* $500 blanket from the American Academy of Achievement

* $500 crystal fountain from the American Bar Assn. Commission on Women in the Profession

* $475 bronze statue from the National Cowboy and Western Heritage Museum

* $300 engraved vase from the New Mexico Military Academy

* $200 quilt from the Conference of State Chief Justices and Administrators

* $175, carved limestone from a San Antonio high school

**

William H. Rehnquist

Total value of gifts: $5,000

* $5,000 award from Fordham University

**

Antonin Scalia

Total value of gifts: $1,275

* $300 cowboy boots from the Tarrant County, Texas, Bar Assn.

* $300 silver box from singer Andrea Bocelli (news - web sites)

* $300 for framed portraits from Peter Secchia, Republican donor and former ambassador to Italy

* $250 for two cases of wine from Virginia winery

* $125, one case of wine from same winery

**

Ruth Bader Ginsburg

Total value of gifts: $500

* $500 blanket from American Academy of Achievement

**

Others*

Total value of gifts: $0

* Justices David H. Souter, Anthony M. Kennedy, John Paul Stevens and Stephen G. Breyer did not report any gifts accepted.

**

Note: Figures do not include cash awards given to charity. Also not included are club memberships. Prior years are excluded because complete information on justices is only kept on file for six years.

**

Source: Annual disclosure forms of Supreme Court justices

[bemildred]

19. Tsk, a bit late to be thinking of your "legacy" asshole. nt

[CRK7376]

21. Bizarre behavior,

but, better late than never, and I agree. The courts need to stay seperated. Harder to do these days with Repugs controlling everything and the NUKE option out there waiting to be used by Frist and his buddies....

[Guaranteed]

22. kick nt