Thursday, March 12, 2020

A federal judge condemns the “Roberts Court’s assault on democracy.”

Nowhere is the problem of asymmetrical rhetorical warfare more apparent than in the federal judiciary. For the past several years, federal judges, notably those appointed by Donald J. Trump, have felt unmoored from any standard judicial conventions of circumspection and restraint, penning screeds about the evils of “big government” and rants against Planned Parenthood. Most of the judicial branch, though, has declined to engage in this kind of rhetoric. There are norms, after all, and conventions, standards, and protocols. There seems to also be an agreement that conservative judges demonstrate deeply felt passion when they delve into such issues, while everyone else just demonstrates “bias” if they decide to weigh in. So when Justice Clarence Thomas just last year used a dissent to attack the integrity of a sitting federal judge in the census case, it was mere clever wordsmithing. But when Justice Sonia Sotomayor suggests, as she did recently, that the conservative wing of the high court seems to be privileging the Trump administration’s emergency petitions, she is labeled—by the president himself—unfit to judge. ....
https://slate.com/news-and-politics/2020/03/federal-judge-condemns-roberts-courts-assault-on-democracy.html

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