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Thursday, March 01, 2007
Thomas Sowell :: Townhall.com Columnist
High Court and Low Politics: Part III
by Thomas Sowell
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Will the Dems' health care Christmas Present to America be an improvement or detriment to our health care system?


Justice O'Connor also began her career voting with the High Court's most conservative member at that time -- William Rehnquist -- more than four-fifths of the time. But she too moved leftward over the years, often providing the fifth vote needed by the court's liberal justices to prevail. She too was now lauded in the media.

Although Supreme Court justices have lifetime tenure, precisely in order to give them independence, nothing can give anyone the backbone and character to stand up to criticism or to resist the blandishments of flattery and lionizing.

All the pressures are to move to the left, in accordance with the views of the liberal media and the liberal professors who dominate the law schools.

Judges who stick to the Constitution as it was written and resist the pressures to enact the agenda of the left from the bench will be depicted as narrow, dull, perhaps even stupid or morally lacking. But those who drift with the leftward tide can count on being portrayed as compassionate, brilliant or even profound.

Does this matter to federal judges with lifetime tenure? One such judge, Circuit Court Judge Laurence Silberman, has said flatly, from what he has seen, that it does.

Perhaps the most influential journalist who denigrates conservative judges and lionizes those on the left is New York Times legal reporter Linda Greenhouse.

The susceptibility of judges to such journalistic influence in general was dubbed "the Greenhouse effect," for Linda Greenhouse, in this column 15 years ago but Jan Crawford Greenburg attributes it to Judge Silberman.

He is the one who deserves credit for identifying this judicial weakness, which is more important than coining the phrase.

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About The Author
Thomas Sowell is a senior fellow at the Hoover Institute and author of The Housing Boom and Bust.
 
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eXtreme Term Limits
I'm with you, Andrews, on limiting a person to one federal elective office term per lifetime. The biggest problem I see with it is an unelected bureaucracy that would become even more firmly entrenched and would really run things more than they do now.

Maureen
Good post, well-reasoned.

One thing you forget is that the USSC law clerks who clerk for the justices are YOUNG (and therefor usually fall into the "liberal" column in the ledger). They are the best and brightest, but inexperienced regarding real-world situations.

The clerks do a massive amount of the research and writing and, I suspect, have a modicum of influence. Of course, the ideologues like Ginsberg are so enamored by socialism that NOTHING would sway their decisions, but other justices may pay some attention to their clerks' thoughts on a particular case.

The justices won't say specifically; we just have to read the opinions and try to separate dogma from dicta. (Your government in action)
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