Monday, May 02, 2005

ACTIVIST JUDGES

The Charge

The Christian Science Monitor offers a fine introduction to the instant case in its April 13 article, Bringing the Case Against Judges.


The Prosecutors


Judeo-Christian Council for Constitutional Restoration

Court Watch, affiliated with the Eagle Forum

Judicial Amendment Coalition

National Resources Defense Council

Law Enforcement Alliance of America


Amici curiae for the defendant

Coalition for a Fair and Independent Judiciary, a partnership of People for the American Way, the Leadership Council for Civil Rights, Alliance for Justice, the National Abortion and Reproductive Rights Action League (NARAL), and the Communications Consortium Media Center.

Statement from the president of the American Bar Association

An Independent Judiciary: Report of the Commission on Separation of Powers and Judicial Independence (1997), American Bar Association


The Defense


I've known a few judges. Some were liberal; some were conservative. Regardless of their political persuasion, all enjoyed holding court, both literally and figuratively. Consequently, I predict the judicial community will not suffer in relative silence for too much longer before reaching out and taking some mighty slaps at those who have been abusing them so sorely. Here's one:

Letter to the NY Times editor from the president of the National Association of Women Judges (source: American Judges Association)


Sidebars


On the definitions of activism and an analysis of the Rehnquist Court: A Hand in the Matter, by Cass Sunstein in Legal Affairs

A calm consideration of judicial activism, including decisions that may look activist but are not, and decisions that don't appear to be activist, but are: On Judicial Activism: Judges and the Constitution Today, by Judge Diarmuid F. O'Scannlain, in Open Spaces Quarterly

Point and counterpoint re: conservative judicial activism, from the Federalist Society


Sentencing proposals


Constitution Restoration Act (proposed)

Judicial Accountability Amendment (being petitioned)

Sunday, May 01, 2005

LIBERAL MEDIA

Media biased?

It's rare to hear the word "media" without the word "liberal" in front of it.

In trying to find facts about media bias, I have thus far been unable to locate a media watch group without its own bias. Those that are liberal reject the idea of a liberal bias in the media. Those that are conservative assume a liberal bias. Both offer evidence to support their positions. Here are two examples:

Fairness and Accuracy in Reporting (liberal)

Accuracy in Media (conservative)

Does it matter?

In the abstract, we seek The Truth. In the abstract, we want our media to reveal The Truth. Alas, we do not enjoy consensus on what constitutes The Truth. And even if we did, a favorite quote of mine comes in handy: The truth is a shady spot where we eat our lunch before moving on. (E.G. Williamson) That is, agreement on The Truth - like Love - is not always enough.

Setting aside the abstract of The Truth, then:

Decrying the media as liberal or conservative benefits some of us all of the time and most of us some of the time.

The media serve as a convenient scapegoat for groups interested in establishing a Them Against Us construct.

We ordinary folks find it convenient to assign bias to a news source when we disagree with or cannot process the information the news source provides on an issue that triggers us emotionally.

Thus it may not matter so much if the media have a political bias. What may matter more is our political bias as news consumers.

But anyway ...

Here is a thoughtful essay on the subject of media bias by Dr. Andrew Cline in his Rhetorica Network. An excerpt from the essay:

Is the news media biased toward liberals? Yes. Is the news media biased toward conservatives? Yes. These questions and answers are uninteresting because it is possible to find evidence--anecdotal and otherwise--to "prove" media bias of one stripe or another. Far more interesting and instructive is ...

Hopefully, my contrived cliffhanger will entice you over to the full essay.