[Peace] Sandra Day O'Connor warns of a fall "into dictatorship."
David Harley
dharley at prairienet.org
Tue Mar 14 22:05:53 CST 2006
This is something I thought you might find interesting, a transcript of
Nina Totenberg's NPR account of Sandra Day O'Connor's Georgetown Law
speech. The original NPR segment is still posted on the NPR web site. I
first became aware of the story from an article in last
Saturday's Manchester Guardian. The link to the NPR site is still active,
. The transcript is taken from a web page "Raw Story." In her speech
O'Conner warns of a drift toward "dictatorship." As far as I can tell NPR
only ran the story once on Saturday, I missed it. It doesn't look as
though any major paper reported it. Nina Totenberg was the only reporter
present.
Nina Totenberg: In an unusually forceful and forthright speech, O'Connor
said that attacks on the judiciary by some Republican leaders pose a direct
threat to our constitutional freedoms. O'Connor began by conceding that
courts do have the power to make presidents or the Congress or governors,
as she put it "really, really angry." But, she continued, if we don't make
them mad some of the time we probably aren't doing our jobs as judges, and
our effectiveness, she said, is premised on the notion that we won't be
subject to retaliation for our judicial acts. The nation's founders wrote
repeatedly, she said, that without an independent judiciary to protect
individual rights from the other branches of government those rights and
privileges would amount to nothing. But, said O'Connor, as the founding
fathers knew statutes and constitutions don't protect judicial
independence, people do.
And then she took aim at former House GOP 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 rulings on abortions, prayer and the Terri Schiavo
case. This, said O'Connor, was after the federal courts had applied
Congress' onetime only statute about Schiavo as it was written. Not, said
O'Connor, as the congressman might have wished it were written. This
response to this flagrant display of judicial restraint, said O'Connor, 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
senator John Cornyn who made that statement, after a Georgia judge was
murdered in the courtroom and the family of a federal judge in Illinois
murdered in the judge's home. 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 jurisdiction and
cutting judicial budgets to punish offending judges. Any of these might be
debatable, she said, as long as they are not retaliation for decisions 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 former
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 strongarm 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.
Nina Totenberg, NPR News, Washington.
. As far as I can tell NPR only ran the story once on Saturday.
Via NPR. Rush transcript by . Listen to the .
Supreme Court justices keep many opinions private but Sandra Day O'Connor
no longer faces that obligation. Yesterday, the retired justice criticized
Republicans who criticized the courts. She said they challenge the
independence of judges and the freedoms of all Americans. O'Connor's speech
at Georgetown University was not available for broadcast but NPR's legal
affairs correspondent Nina Totenberg was there.
Nina Totenberg: In an unusually forceful and forthright speech, O'Connor
said that attacks on the judiciary by some Republican leaders pose a direct
threat to our constitutional freedoms. O'Connor began by conceding that
courts do have the power to make presidents or the Congress or governors,
as she put it "really, really angry." But, she continued, if we don't make
them mad some of the time we probably aren't doing our jobs as judges, and
our effectiveness, she said, is premised on the notion that we won't be
subject to retaliation for our judicial acts. The nation's founders wrote
repeatedly, she said, that without an independent judiciary to protect
individual rights from the other branches of government those rights and
privileges would amount to nothing. But, said O'Connor, as the founding
fathers knew statutes and constitutions don't protect judicial
independence, people do.
And then she took aim at former House GOP 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 rulings on abortions, prayer and the Terri Schiavo
case. This, said O'Connor, was after the federal courts had applied
Congress' onetime only statute about Schiavo as it was written. Not, said
O'Connor, as the congressman might have wished it were written. This
response to this flagrant display of judicial restraint, said O'Connor, 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
senator John Cornyn who made that statement, after a Georgia judge was
murdered in the courtroom and the family of a federal judge in Illinois
murdered in the judge's home. 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 jurisdiction and
cutting judicial budgets to punish offending judges. Any of these might be
debatable, she said, as long as they are not retaliation for decisions 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 former
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 strongarm 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.
Nina Totenberg, NPR News, Washington.
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