Federal Judge Responds to James Dobson Fan

By Jeralyn, Section Judiciary
Posted on Tue Jun 14, 2005 at 09:43:54 PM EST
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Federal Judges rarely respond publicly to criticism. It makes this "letter to the editor" by U.S. District Court Judge Charles B. Kornmann of Aberdeen, S.D. even that much more compelling. Check it out. (Via My DD.)

Misunderstanding Alarming

To the Editor - A recent article by Professor Art Marmorstein displayed an alarming misunderstanding of the nature of our government. He stated that judges are either of the John Lennon school or the Bolshevik school. I know judges in South Dakota and most federal judges. The professor is badly mistaken.

He praised James Dobson's Family Policy Council. Dobson in Sioux Falls last year stated that Supreme Court Justice Anthony Kennedy is "the most dangerous man in America." Does that sound like a rational statement? Outlandish statements by Dobson, Pat Robertson and others encourage deranged people to act violently against judges and relatives of judges.

The professor stated: "All they ask is to have men and women on the bench who will defer to the democratic process rather than arbitrarily imposing their own ideas on the rest of us." He assumes judges act arbitrarily. If so, the solution is to go to a higher court. We have three co-equal branches of government. Our founding fathers knew what they were doing. No branch of government blindly "defers" to the other. Our judiciary is intended to protect the constitutional rights of citizens, not blindly endorse unconstitutional actions taken by Congress, the president or a state legislature.

Judges should, of course, respect our elected officials and do our best to not infringe on their prerogatives. Members of Congress should treat the judiciary in the same manner.

Charles B. Kornmann
United States District Judge Aberdeen

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Federal Judge Responds to James Dobson Fan | 27 comments (27 topical)

Re: Federal Judge Responds to James Dobson Fan (none / 0) (#1)
by Talkleft Visitor on Sat Dec 17, 2005 at 01:00:02 PM EST

Note to self: send flowers to U.S. District Court Judge Charles B. Kornmann of Aberdeen, S.D.

Re: Federal Judge Responds to James Dobson Fan (none / 0) (#2)
by Talkleft Visitor on Sat Dec 17, 2005 at 01:00:02 PM EST

I would say the good Judge Charles B. Kornmann has made an excellent case in favor of the filibuster, and for using it in cases involving appointments of justices who "blindly defer" to other branches of government. I, of course, won't mention any names. Probably don't need to.

Re: Federal Judge Responds to James Dobson Fan (none / 0) (#3)
by wg on Sat Dec 17, 2005 at 01:00:02 PM EST

Attempts to connect criticism of the judiciary to violence directed at judges are not particularly helpful. One suspects here the intention to preempt any criticism, not only that considered irrational. Mr. Kornmann needs to realize that the rules that apply to Mr. Bush, illegal immigrants or any other member of this society apply to members of his profession as well. This can be sometimes unpleasant but that is the essence of democratic order of things. Two examples. Moore's criticism of members of Bush administration (in Fahrenheit 9/11) was considered unfair or downright irrational by many and more than a few expressed the worry this could "encourage deranged people to act violently". Fortunately cooler heads prevailed and Mr. Moore wasn't silenced. Talk radio is full of rather hateful language directed at illegal immigrants and a connection could be easily made between this and random acts of violence they suffer at the hands of deranged people at much higher rate than the judiciary. Which is regretful but hardly the reason to silence them. I don't share much with Mr. Dobson or Mr. Robertson but their right to freely express their opinions about the judiciary w/o being accused of enticing violence is critical if we want to have any meaningful - that is full-ranging - discussion about judiciary.

Re: Federal Judge Responds to James Dobson Fan (none / 0) (#4)
by Richard Aubrey on Sat Dec 17, 2005 at 01:00:02 PM EST

wg is right. Accusing people of potentially inciting violence is a way of trying to get them to stop saying something not easily managed by facts. I would say that lefties agree with Dobson, et al. If we judge by where lefties put the bulk of their energy--federal judge nominations instead of Islamofascists--we see what they think of as the most likely source of danger to the Republic.

Re: Federal Judge Responds to James Dobson Fan (none / 0) (#5)
by Jlvngstn on Sat Dec 17, 2005 at 01:00:02 PM EST

Funny WG/Richard, I see no posts from either of you from the 5-19 story of Tom Delay making the case that "activist judges" are inciting violence against themselves by their rulings. Your silence there speaks volumes. The religious right in recent years had a faction targeting abortion clinics and doctors and several people were killed. I don't think it is a stretch to link christian zealots to violence against those that are "opposing god" in this case judges.

Re: Federal Judge Responds to James Dobson Fan (none / 0) (#6)
by ppjakajim on Sat Dec 17, 2005 at 01:00:02 PM EST

JL - Actually Delay clarified and apologized. Something that I haven't seen Dean, Reid or Ted do. If Federal Judges, who are appointed for life, can't stand criticism they should resign, as that is the only way the public has of giving them feedback on what it thinks of their actions. The Judge would have looked better to have ignored this guy.

Re: Federal Judge Responds to James Dobson Fan (none / 0) (#7)
by Dark Avenger on Sat Dec 17, 2005 at 01:00:03 PM EST

Actually Delay clarified and apologized I said something in an inartful way and I apologize for it," DeLay told reporters who jammed a conference room in his Capitol office suite. "I'm sorry I said it that way and I shouldn't have said it." He sounds as though he regrets the way he said what he said, not that he was wrong or misguided. Link If Federal Judges, who are appointed for life, can't stand criticism they should resign, as that is the only way the public has of giving them feedback on what it thinks of their actions. This doesn't make sense at all, PPJ. The classic liberal answer to speech that one doesn't agree with its to use one's own free speech to counter it, not to roll over and play dead if one is criticised. Whatever an American's job description is, and whether or not they hold it for the rest of their lives or not doesn't exempt them from exercizing their 1st Amendment rights. Does your 'rule' apply to Supreme Court judges, BTW, who are also appointed for life? In that case, I've got a lot of things to say about Justice Scalia................

Re: Federal Judge Responds to James Dobson Fan (none / 0) (#8)
by Talkleft Visitor on Sat Dec 17, 2005 at 01:00:03 PM EST

Your apologist arguments are disingenuous and only serve to make the case for judges being targeted. I will publicly right now declare the three most dangerous Americans to be G.W. Bush, Dick Cheney and Karl Rove. Free speech, right? I won't end up with an FBI file, yearly tax audits, or on a flight to Uzbekistan, right? I think that members of the Bush administration are war criminals. But who am I? I don't lead a political party, action committee or religious organization. BUT - I draw the line at saying something like "If acts of violence are perpetrated against them - it's their own fault for being an "activist" administration." This is incitement, and I wouldn't say it (out loud). Anyone in another branch of government who does is playing a dangerous game with our democracy, our balance of power AND our rights of free speech. So - go piss in the wind with your trite analysis, and pointless points.

Re: Federal Judge Responds to James Dobson Fan (none / 0) (#9)
by nolo on Sat Dec 17, 2005 at 01:00:03 PM EST

wg et al., the proper title for a sitting judge is not "Mr."

Re: Federal Judge Responds to James Dobson Fan (none / 0) (#10)
by Talkleft Visitor on Sat Dec 17, 2005 at 01:00:03 PM EST

let's see: Janice Rogers Brown favors a return to the Jim Crow South/insert even more outlandish criticism of potential jurists here. Could that not inspire some deranged person to violence? If the judges don't like criticism, resign. They are not exempt from being criticized over their rulings-it is done quite often here. What the posters here don't want and shed crocodile tears over is criticism from folks they don't like.

Re: Federal Judge Responds to James Dobson Fan (none / 0) (#11)
by Che's Lounge on Sat Dec 17, 2005 at 01:00:03 PM EST

Resign? Great suggestion, especially for Repugs who whine when Dean opens his mouth.

Re: Federal Judge Responds to James Dobson Fan (none / 0) (#12)
by Talkleft Visitor on Sat Dec 17, 2005 at 01:00:03 PM EST

Republicans love Dean-why should they resign.

Re: Federal Judge Responds to James Dobson Fan (none / 0) (#13)
by Talkleft Visitor on Sat Dec 17, 2005 at 01:00:03 PM EST

wg and others - various Congressmen and representatives from Extreme Religious Right have made PUBLIC comments published in several nationally available newspapers and tv broadcasts that made the insinuation/suggestion/advice that "activist judges" brought on the violence against judges and other court personnel. Senator Conryn R-TX actually made his comments on the Senate floor. Did you know that Senator Cornyn is a member of the Judiciary Committee? His comments were deplorable and disrespectful of everything the Constitution stands for. DeLay made his comments at the recent NRA convention (DeLay). Yes, they are free to express their opinions, but their opinions are anti-democratic at best. Independent judiciary is a hallmark of democracy

Re: Federal Judge Responds to James Dobson Fan (none / 0) (#14)
by Jlvngstn on Sat Dec 17, 2005 at 01:00:03 PM EST

PPJ : Criticism still stands. Where were they and you when DeLay made the comment? Everything else you said is OT.

Re: Federal Judge Responds to James Dobson Fan (none / 0) (#15)
by Mreddieb on Sat Dec 17, 2005 at 01:00:03 PM EST

I seem to recall a storm of protest from the wingnutnation when Dean said Delay should go to Jail. I wonder what we would hear if we suggested that Bush deserves anything he gets even assination for what he has done to his Country!! If Dean suggested Repiglicans are encouraging their own ambushes and beheading can you imagine the uproar. But, you see the wingnuts rely on we Libruls not to act like them thats why the throw up Rather,Clinton and the rare incidents when we act like them as such a terrible Thing!

Re: Federal Judge Responds to James Dobson Fan (none / 0) (#16)
by Talkleft Visitor on Sat Dec 17, 2005 at 01:00:03 PM EST

the instances aren't rare though-you might have a point but for that fact. The left wing is happy to compare anyone who disagrees to Hitler-the last election showed that. Dean can criticize anyone-don't expect targets to roll over and accept it. I believe, given the First Amendment assassination "art" of "progressives, that calls for Bush's death have already been made.

Re: Federal Judge Responds to James Dobson Fan (none / 0) (#17)
by ppjakajim on Sat Dec 17, 2005 at 01:00:03 PM EST

JL - Gee, I don't know. Got a time and date? If I made any comment at all, it would be on TL. BTW - Speaking of over the top comments, check out Ed B's directly above your 9:17AM. Mfox - My, my you are feisty this morning. Didn't sleep well last night? Let me quote Ed. He says it all.

They are not exempt from being criticized over their rulings-it is done quite often here. What the posters here don't want and shed crocodile tears over is criticism from folks they don't like.

As for:

So - go piss in the wind with your trite analysis, and pointless points.

I'll be sure to go downwind. (For you non-sailor and non-aviator types, that's with the wind.) ;-) And an important point. And no, I don't think they will put you on a flight to Uzbekistan,....but if they did, I'm sure the locals would try and send you back. Think O'Henry's, "The Ransom of Red Chief." nolo - I subscribe to the theory of, "Call me anything but late for supper." DA writes:

He sounds as though he regrets the way he said what he said, not that he was wrong or misguided.

Neither inartful or unartful is in my dictionary, so it is hard to know what he meant. But I'll go along with him meaning that criticism is okay but it should be done responsibly. As for responding to criticism, maybe Judges should keep out of pis*ing contests. It lowers their public personna. Makes them look like people commenting on a blog.. ;-) .

Re: Federal Judge Responds to James Dobson Fan (none / 0) (#18)
by Che's Lounge on Sat Dec 17, 2005 at 01:00:03 PM EST

Nothing beats a feisty Mfox. Especially when she reduces PPJ to a blathering OT apologist whose response on the issues is to rate our moods. Fun! Do it again Mfox. Do it again!

Re: Federal Judge Responds to James Dobson Fan (none / 0) (#19)
by Jlvngstn on Sat Dec 17, 2005 at 01:00:03 PM EST

Jim, 5-19 around noon i believe. Or just type in Delay in the search engine and see for yourself.

Re: Federal Judge Responds to James Dobson Fan (none / 0) (#20)
by ppjakajim on Sat Dec 17, 2005 at 01:00:03 PM EST

Che, well I wouldn't want to hurt people's feelings. Especially people who are so intelligent that they can't get a quote right (see Freeway Blogger thread), threaten me with living with Fred, and then declaring all my comments worthless and then demanding that I pis* off. Yes, I wouldn't want to be nasty. BTW - Perhaps subtle sarcasm is lost on this audience. Have you ever read "The Ransom of Red Chief?" Anything by O'Henry? Like I said, Lefties will always defend your right to agree with them.

Re: Federal Judge Responds to James Dobson Fan (none / 0) (#21)
by nolo on Sat Dec 17, 2005 at 01:00:04 PM EST

nolo - I subscribe to the theory of, "Call me anything but late for supper."

That's your business, and if it's your personal preference with respect to the manner in which people address you, that's all good. But if you're criticizing someone (as wg was) and you do not use their proper title while doing so, it makes you look either (a) rude or (b) ignorant. Since I'm sure neither wg nor anyone else posting here wants to look rude or ignorant, I thought I'd pass on the hint.

Re: Federal Judge Responds to James Dobson Fan (none / 0) (#22)
by wg on Sat Dec 17, 2005 at 01:00:04 PM EST

I disagree here. Take W. He is commonly referred to in the media as President Bush, or simply Bush, or Dubya, Chimp, Great Leader, George and many more, some too unpleasant to mention here. Neither of them is proper, the usage is entirely at the discretion of the user. No law dictates anything in particular, and this being a democratic country, Mr. Bush is in no position to demand any particular form of address. Same principles apply to any other elected or hired members of the government. From filing clerks to presidents. Judges included. Once any of those public servants starts demanding special deferential treatment we are in trouble. The freedom to treat them as public servants, not overlords as in other forms of government, is essential and it took centuries to win it. The often invoked argument about this being disrespectful is nonsensical. Respect is, per se, something that people arrive at on their own will. And so is disrepect. You cannot buy, demand or mandate it. Unless, of course, you understand it in the sense of " I slapped the bitch a few times and now she shows me proper respect" or " Got me a gun so I can get some respect in this hood". Mr. Kornmann, or simply Kornmann it is.

Re: Federal Judge Responds to James Dobson Fan (none / 0) (#23)
by Dark Avenger on Sat Dec 17, 2005 at 01:00:05 PM EST

PPJ, mfox had enough sleep, but when she read your comments she thought that she was in the middle of a nightmare, hence your confusion(not that there's anything wrong with that!).

Re: Federal Judge Responds to James Dobson Fan (none / 0) (#24)
by ppjakajim on Sat Dec 17, 2005 at 01:00:05 PM EST

DA - How do you know she had enough sleep? I mean, is there something going on here that we don't know about? Commentators romance, blog rendezvous? These bicoastal things are so difficult.

Re: Federal Judge Responds to James Dobson Fan (none / 0) (#25)
by ppjakajim on Sat Dec 17, 2005 at 01:00:05 PM EST

JL - I looked up the 5/19 Judicary post, and there are no comments by yours truly, which I took as your complaint.

Re: Federal Judge Responds to James Dobson Fan (none / 0) (#26)
by Dark Avenger on Sat Dec 17, 2005 at 01:00:05 PM EST

DA - How do you know she had enough sleep? Cause I figured your accuracy about mfox and her sleeping habits is about the same as when you worried about my sleeping habits--that is to say, zero. Not that there's anything wrong with that.....

Re: Federal Judge Responds to James Dobson Fan (none / 0) (#27)
by Jlvngstn on Sat Dec 17, 2005 at 01:00:05 PM EST

That is correct PPJ, thanks for acknowledging it. Although my initial post was directed at WG and RA. Seems that if someone has a strong enough opinion on the irresponsible nature of this type of complaint, it would have been fitting for them to address Delay's statement.

Re: Federal Judge Responds to James Dobson Fan (none / 0) (#28)
by nolo on Sat Dec 17, 2005 at 01:00:07 PM EST

wg, you are, of course, free to go about your business any way you see fit. I'm just telling you how it looks.

Federal Judge Responds to James Dobson Fan

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