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> The justices, though they don’t face elections, sometimes describe themselves as politicians Could you cite examples of them saying that? Generally, the jus

by jawns 6y ago

> The justices, though they don’t face elections, sometimes describe themselves as politicians Could you cite examples of them saying that? Generally, the justices go out of the way to insist that they are not political. See, for instance: https://www.reuters.com/article/us-usa-court-chiefjustice/u-s-supreme-court-not-politicized-says-chief-justice-roberts-idUSKBN1WA08F https://www.reuters.com/article/us-usa-court-chiefjustice/u-...

gumby 6y ago
I'm sorry I can't easily lay hands on a link. My statement comes from various speeches given by Justices over the last few decades, which are typically to legal gatherings or to law students. The point is slightly different from the one Roberts made in the article you linked to. In that he's talking about a perception that the court is not impartial and that the justices are seen as taking positions, and even (by implication) instruction from political parties. This concern, by the way, has existed for a long time, at least to the era of Dredd Scott if not earlier; presidents from Lincoln to FDR and, to a lesser extent to recent times have made the same charge. And that is the sense in which I have heard various justices (since the 1970s -- I'm an old fart -- through a speech Roberts gave a few years ago which I couldn't find by searching -- in which they need to manage the perception of partiality because the Court is a participant in public life, and indeed in political public life. The sense in which I was quoting is that they are political actors though the entity they are working to protect is the credibility of their institution. I have no illusion that any judge is superhuman and able to be impartial. But it's interesting to see how Justices' voting tends to shift as they are on the court for a while. It implies a certain independence of mind, though perhaps not from each other.
lazyant 6y ago
"This whole two-week effort has been a calculated and orchestrated political hit fueled with apparent pent-up anger about President Trump and the 2016 election, fear that has been unfairly stoked about my judicial record, revenge on behalf of the Clintons and millions of dollars in money from outside left-wing opposition groups," a seething Kavanaugh said. https://thehill.com/homenews/senate/408821-kavanaugh-says-hes-victim-of-revenge-on-behalf-of-the-clintons https://thehill.com/homenews/senate/408821-kavanaugh-says-he...
int_19h 6y ago
It might be referring to this article. https://www.usnews.com/news/the-report/articles/2017-06-02/supreme-court-justices-blur-lines-with-political-speeches https://www.usnews.com/news/the-report/articles/2017-06-02/s...

by jawns 6y ago

gumby 6y ago

I'm sorry I can't easily lay hands on a link. My statement comes from various speeches given by Justices over the last few decades, which are typically to legal gatherings or to law students. The point is slightly different from the one Roberts made in the article you linked to. In that he's talking about a perception that the court is not impartial and that the justices are seen as taking positions, and even (by implication) instruction from political parties. This concern, by the way, has existed for a long time, at least to the era of Dredd Scott if not earlier; presidents from Lincoln to FDR and, to a lesser extent to recent times have made the same charge. And that is the sense in which I have heard various justices (since the 1970s -- I'm an old fart -- through a speech Roberts gave a few years ago which I couldn't find by searching -- in which they need to manage the perception of partiality because the Court is a participant in public life, and indeed in political public life. The sense in which I was quoting is that they are political actors though the entity they are working to protect is the credibility of their institution. I have no illusion that any judge is superhuman and able to be impartial. But it's interesting to see how Justices' voting tends to shift as they are on the court for a while. It implies a certain independence of mind, though perhaps not from each other.

lazyant 6y ago

"This whole two-week effort has been a calculated and orchestrated political hit fueled with apparent pent-up anger about President Trump and the 2016 election, fear that has been unfairly stoked about my judicial record, revenge on behalf of the Clintons and millions of dollars in money from outside left-wing opposition groups," a seething Kavanaugh said. https://thehill.com/homenews/senate/408821-kavanaugh-says-hes-victim-of-revenge-on-behalf-of-the-clintons https://thehill.com/homenews/senate/408821-kavanaugh-says-he...

int_19h 6y ago

It might be referring to this article. https://www.usnews.com/news/the-report/articles/2017-06-02/supreme-court-justices-blur-lines-with-political-speeches https://www.usnews.com/news/the-report/articles/2017-06-02/s...