DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Strict//EN" ""> PELICANPOST.BLOGSPOT.COM: U.S. SUPREME COURT JUSTICE BREYER defends "using overseas legal opinions as guides" to judicial decision & slams citizens' right to criticize judges

Wednesday, August 10, 2005

U.S. SUPREME COURT JUSTICE BREYER defends "using overseas legal opinions as guides" to judicial decision & slams citizens' right to criticize judges

Like Justices Sandra Day O'Connor and Ruth Bader Ginsberg, Justice Stephen Breyer has based some of his U.S. Supreme Court rulings on foreign and international laws---something the Constitution does not give them the power to do.

These tyrannical judicial-activist Justices on the highest court in the land have been legislating from the bench and reading into the Constitution things that are simply not there---all according to their own personal beliefs, feelings and their own political and social ideologies. This is unacceptable.

And now, because they consider themselves demi-gods that are not to be criticized for their unconstitutional actions, they want to silence the American people---deprive them of their right to petition their government or speak out against abuse of power by the Courts.

This is chilling arrogance and a totally false premise regarding what powers and limitations the Courts have been given---powers activist judges and justices have exceeded and abused and powers they have usurped from the other equal branches of government, particularly the Legislative Branch's power to make laws.

The Judicial Branch was given NO power to make laws. Period.

Read more below and here.
"Breyer: Attacks Threaten Court Independence"

"Supreme Court Justice Stephen Breyer said Tuesday that rulings on difficult subjects like gay rights and the death penalty have left courts vulnerable to political attacks that are threatening judicial independence.

Breyer urged lawyers to help educate people about court responsibility to be an independent decision-maker.....

"There's nothing that's not on the table," former Solicitor General Theodore Olson said of the court's work, which this fall includes issues like abortion, capital punishment and assisted suicide.

Breyer said the nine-member court is focused on constitutional limits on major fights of the day. "We're sort of at the outer bounds. And we can't control politics of it, and I don't think you want us to try to control politics of it," he said.

Congressional leaders including House Majority Leader Tom DeLay, R-Texas, have criticized justices in recent months. DeLay was particularly critical of the court's refusal to stop Terri Schiavo's death and at a death penalty decision that cited international cases.

Breyer defended using overseas legal opinions as a guide only, adding, "It has hit a political nerve."

Breyer, Olson and Graham were discussing the future of courts on the final day of the ABA's annual meeting in Chicago.

Also Tuesday, the group was debating whether to endorse federal protection for journalists who refuse to reveal their sources to prosecutors. Passage of such a measure would authorize the organization to lobby Congress, where "shield law" proposals are pending.

Judicial independence has been a major theme at the meeting of the ABA, a 400,000-member group.

The group's policymaking board passed a resolution urging elected officials and others to support and defend judges. New group President Michael Greco of Boston said judges have faced physical threats, and threats of impeachment from Washington political leaders unhappy with court decisions. "If we do not protect our courts, our courts cannot protect us," Greco said.

On another subject, Greco defended the ABA's role in checking the background of Supreme Court nominee John Roberts and other federal judicial nominees. The committee has spent the past two weeks reviewing Roberts' work on an appeals court and interviewing people who have worked with him...."

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