Rehnquist: Protect Our Judges
Chief Justice William Rehnquist gave his annual speech on the state of the judiciary the other day. His message: We need to preserve the independence of our judiciary.
Ailing Chief Justice William H. Rehnquist said today that judges must be protected from political threats, including from conservative Republicans who maintain that "judicial activists" should be impeached and removed from office.
"The Constitution protects judicial independence not to benefit judges, but to promote the rule of law: Judges are expected to administer the law fairly, without regard to public reaction," the chief justice, whose future on the court is subject to wide speculation, said in his traditional year-end report on the federal courts.
Rehnquist also talked about judicial activism.
in his report, the chief justice did not name names, but instead spoke of his concern for the "mounting criticism of judges for engaging in what is often referred to as 'judicial activism.' "
House Majority Leader Tom DeLay (R-Texas), for example, has repeatedly threatened to impeach liberal-leaning judges for their rulings, such as the ban on school-sponsored prayers.
"A judge's judicial acts may not serve as a basis for impeachment. Any other rule would destroy judicial independence," Rehnquist said. "Instead of trying to apply the law fairly, regardless of public opinion, judges would be concerned about inflaming any group that might be able to muster the votes in Congress to impeach and convict them."
The Chief Justice also talked about the fiscal crisis facing the courts, and proposed a rather simple solution. It turns out that 20% of the judiciary budget goes for rent on the nation's courthouses - which is set by Congress. All Congress has to do is lower the rent.
The judiciary's appropriation, $5.42 billion, some $300 million below its request, accounts for less than 0.2 percent of the federal budget.
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