Sandra Day O'Connor Joins the Order of the Shrill!

Nina Totenberg reports:

The Raw Story | Retired Supreme Court Justice hits attacks on courts and warns of dictatorship: Supreme Court justices keep many opinions private but Sandra Day O'Connor no longer faces that obligation. Yesterday, the retired justice criticized Republicans who criticized the courts. She said they challenge the independence of judges and the freedoms of all Americans. O'Connor's speech at Georgetown University was not available for broadcast but NPR's legal correspondent Nina Totenberg was there.

Nina Totenberg: In an unusually forceful and forthright speech, O'onnor said that attacks on the judiciary by some Republican leaders pose a direct threat to our constitutional freedoms. O'Connor began by conceding that courts do have the power to make presidents or the Congress or governors as she put it "really, really angry." But, she continued, if we don't make them mad some of the time we probably aren't doing our jobs as judges, and our effectiveness, she said, is premised on the notion that we won't be subject to retaliation for our judicial acts. The nation's founders wrote repeatedly, she said, that without an independent judiciary to protect individual rights from the other branches of government those rights and privileges would amount to nothing. But said O'Connor as the founding fathers knew statutes and constitutions don't protect judicial independence, people do.

And then she took aim at former GOP house leader Tom DeLay... she quoted his attacks on the courts at a meeting of the conservative Christian group Justice Sunday last year when DeLay took out after the courts for rulings on abortions, prayer and the Terri Schiavo case. This, said O'Connor was after the federal courts had applied Congress' onetime only status of Schiavo as it was written. Not, said O'Connor, as the congressman might have wished it were written. This response to this flagrant display of judicial restraint, said O'Connor, her voice dripping with sarcasm, was that the congressman blasted the courts.

It gets worse, she said, noting that death threats against judges are increasing. It doesn't help, she said, when a high-profile senator suggests there may be a connection between violence against judges and decisions that a senator disagrees with. She didn't name him, but it was Texas senator John Cornyn who made that statement, after a Georgia judge was murdered in the courtroom and the family of a federal judge in Illinois murdered in the judge's home. O'Connor observed that there have been a lot of suggestions lately for so-called judicial reforms, recommendations for the massive impeachment of judges, stripping the courts of jurisdiction and cutting judicial budgets for punishing offending judges. Any of these might be debatable, she said, as long as they are not retaliation for decisions that political leaders disagree with.

I, said O'Connor, am against judicial reforms driven by nakedly partisan reasoning. Pointing to the experience of developing countries and former communist countries where interference with an independent judiciary has allowed dictatorship to flourish, O'Connor said we must be ever-vigilant against those who would strongarm the judiciary into adopting their preferred policies. It takes a long of degeneration before a country falls into dictatorship, she said, but we should avoid these ends by avoiding these beginnings.

Nina Totenberg, NPR News, Washington.

Welcome, Justice O'Connor! We have reserved the Chaos Suite for you. You can pick up your robe... oh, I see you have your robe...