An Independent Judiciary?
... political decisions yet are unaccountable to the public." Let us deconstruct the various errors and inconsistencies of this statement. Remember, the Senate Judiciary Committee is the one that has the most influence when it comes to confirming potential federal judges, as appointed by the President. These Senators above all others should know what is and what is not an independent judiciary. Justiciability is a long held principle of constitutional law. Judges will not hear a case if they deem it to be non-justiciable, that is, the relief that the petitioner is seeking can not and should not be granted by a judge. Examples of when a case or controversy is non-justiciable include: 1. when the issue the claim is based on has not happened yet (it is not ripe); 2. the issue doesn't apply anymore (it is now moot); and 3. political questions (the relevant example for purposes of this discussion). Judges will defer to the legislature whenever a political question is brought before them. So for the Senator to say that judges are making "political decisions" is implying that every single judge is acting outside the scope of their duties, a major accusation. In my opinion, what really is happening is the politicians are taking legal issues and making them political. The Senator also knows that in many states, judges are directly elected by the people (a practice that I wish would get eliminated because it definitely interferes with the judiciary's ability to remain completely independent). So for him t...