Chill Out Folks

The performance of the nation's judiciary over the last couple of years has been, shall we say, poor. Not only have too many courts legislated from the bench by introducing gay marriage via judicial fiat, but the Supreme Court recently ruled that capitol punishment for minors is all of the sudden unconstitutional due to "evolving standards of decency" and the fact that Europe also outlaws it (how the laws of Europe have any relevance on the U.S. Constitution, which the Supreme Court is supposed to interpret, is beyond me). This frustration has only been compounded by the unprecedented filibusters of a handful of President Bush's judicial nominations in the Senate. Such obstructionism has prevented the ascension of judges to the bench who will interpret the law as it is, not twist it to how they would like it to be.

As time has passed and none of the above has been resolved, conservatives have grown increasingly more frustrated, and they have every right to be. But some leading conservatives have gone too far, crossing the line of frustration into vengeful demagoguery. House Majority Leader Delay for example, has said that we should consider redefining the term "good behavior" for judges laid out in the constitution. Changing this definition into some ideological context would be a terrible mistake, and it would jeopardize the independent judiciary and separation of powers that have served this country so well since it's birth.

Furthermore, the head of the Family Research Council recently stated that the filibustering of the president's judicial nominees is an attack on religion. The Democrats' filibustering is a sleazy, partisan tactic for sure, but it is by no means an attack on religion. Democrats have lost control of virtually every elected body in the country, and the judiciary stands as the last bastion in which they can change the law in this nation. Demagoging the issue by saying they are attacking religion is absurd and out of line.

And finally, Republican Senator John Cornyn of Texas has insinuated that the recent spate of in-court violence has something to do with the nature of the rulings the judiciary has been handing down. To suggest something such as this is preposterous, and it rivals only Howard Dean's numerous gaffes in it's ignorance. While I'm sure Sen. Cornyn didn't really mean what he was insinuating, statements such as these only poison the atmosphere further.

Clearly something has to be done about the runaway judiciary, but there is a right way and a wrong way to go about it. Trying to destroy the judiciary's independence or insinuating that violence within the courts is related to their decisions is the absolute wrong way to go about this. Conservatives who are stepping out of line need to chill out and tackle this problem rationally. What we should be doing is making our case before the American people that we need to promote constructionist judges who exercise judicial restraint and leave the lawmaking to the people and their elected representatives. Flying off the cuff and speaking in hyperbole will only diminish our ability to do so.

UPDATE (5/1/05 5:12 P.M.): Charles Krauthammer weighs in.