Monday, April 09, 2012

Judicial Independence

Regarding President Obama's remarks concerning the pending Obamacare decision in the Supreme Court, I was pleased to see that American Bar Association President Bill Robinson issued a statement to the effect:

"President Barack Obama’s remarks on Monday speculating about the Supreme Court’s potential decision in the health care legislation appeal are troubling. Particularly worrisome was his suggestion that the court’s decision in this case could serve as a 'good example' of what some commentators have cited as 'judicial activism or a lack of judicial restraint' by an 'unelected group of people.'"

Robinson's full statement may be found here.
On judicial independence, I also like this statement form Justice Story: 
"The truth is, that, even with the most secure tenure of office, during good behavior, the danger is not, that the judges will be too firm in resisting public opinion, and in defense of private rights or public liberties; but, that they will be ready to yield themselves to the passions, and politics, and prejudices of the day."