She was doubtless referring to the unseemly electioneering, complete with
vicious advertising, that has started to characterize judicial races across
the country in the wake of Minnesota v. White.
Justice O'Connor long has opposed the election of judges in the first place.
(After all, she was appointed to the judiciary, so that must demonstrate the
superiority of appointed judges.) But in Minnesota v. White, she seems to
have got carried away by her animus toward an elected judiciary. If some
states insist on electing their judges, she ruled, then they must allow
judicial candidates to campaign on the issues as freely-and irresponsibly-as
other politicians.
States that elect their judges, Justice O'Connor as well as said, deserve
whatever happens to them-and to respect for their law.
It was not a very thoughtful opinion, which is what happens when judges get
carried away by their passions, in this case a prejudice against an elected
judiciary. By freeing judges of limits on their speech, Justice O'Connor
invited the demagoguery that may be the greatest threat to the judicial
independence she so cherishes. Hers was a very logical decision in Minnesota
v. White-too logical. Like any extreme of reason separated from experience,
it lost touch with reality.
Here in Arkansas, there's a perfect example of a judge who, by taking
political stands on everything from the war in Iraq to the University of
Arkansas' basketball program, seems to have set out to systematically
undermine the public's faith in the impartiality of the judiciary. Rather
than being above political passions, His Honor Wendell Griffen of this
state's Court of Appeals has come to embody them.
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By now this Great Pontificator has handed down extra-judicial opinions on
military tribunals, the federal government's performance in Katrina's
aftermath, the suitability of John Roberts' appointment as chief justice of
the United States Supreme Court, the state's minimum wage Š and, well, one
loses count. Suffice it to note that Judge Griffen's political comments have
inspired more than 10 investigations by the state's judicial discipline
commission, plus at least one protracted court case.
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Every time he makes one of his provocative speeches, the judge waves
Minnesota v. White around like a permission slip to demagogue the issues as
much as he likes. But courts do reverse course. Just as Sandra Day O'Connor
seems to have changed hers. And couple of new justices have joined the
Supreme Court since her time on the bench. There is hope that reason, the
kind buttressed by experience, will yet triumph.
Paul Greenberg is the Pulitzer prize-winning editorial page editor of the
Arkansas Democrat-Gazette. His e-mail address is
pgreenberg@arkansasonline.com.
© 2006 TRIBUNE MEDIA SERVICES, INC.
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