A Quote by Gary Bauer
Fairness' can be an important quality for legislators to consider when they are passing public policies. But it is a subjective standard. And it has no place among judges on a court - whose duty is to dispassionately judge a law's constitutionality.
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'Fairness' can be an important quality for legislators to consider when they are passing public policies. But it is a subjective standard. And it has no place among judges on a court - whose duty is to dispassionately judge a law's constitutionality.
The Supreme Court is about the Constitution. It is about constitutionality. It is about the law. At its bear simplest, it's about the law. It is not about the Democrat Party agenda. Because that's what it's become. The whole judiciary has become that because that's the kind of people they have put on various courts as judges, and every liberal justice on the Supreme Court is a social justice warrior first and a judge of the law second. And if they get one more, then they will have effectively corrupted the Supreme Court.
People whose terms go for five years or longer, like FCC commissioners. That's a higher standard. Then district judges, who are appointed for a lifetime but can be overruled. Then Court of Appeals judges. They're not the highest level, but they're almost the final word. And then, of course, the Supreme Court.
We must use a judicial, rather than a political, standard to evaluate [a nominee's] fitness for the Supreme Court. That standard must be based on the fundamental principle that judges interpret and apply but do not make law.
The Constitution overrides a statute, but a statute, if consistent with the Constitution, overrides the law of judges. In this sense, judge-made law is secondary and subordinate to the law that is made by legislators.
Supreme Court nominees should know that this exercise of judicial restraint is the key ingredient of being good judge, as the Constitution constrains judges every bit as much as it constrains we legislators, executives and citizens in their actions.
The Judge does not make the law. It is people that make the law. Therefore if a law is unjust, and if the Judge judges according to the law, that is justice, even if it is not just.
No person shall be restrained of his liberty but by regular process from a court of justice, authorized by a general law. . . . On complaint of an unlawful imprisonment to any judge whatsoever, he shall have the prisoner immediately brought before him and shall discharge him if his imprisonment be unlawful. The officer in whose custody the prisoner is shall obey the order of the judge, and both judge and officer shall be responsible civilly and criminally for a failure of duty herein.
On the whole, we think of our consumers - other judges, lawyers, the public. The law that the Supreme Court establishes is the law that they must live by, so all things considered, it's better to have it clearer than confusing.
That's why we have appellate judges that are more than one judge because each of us, from our life experiences, will more easily see different perspectives argued by parties. But judges do consider all of the arguments of litigants. I have. Most of my opinions, if not all of them, explain to parties by the law requires what it does.
Judge [Gonzalo] Curiel has not said anything, and in fact, cannot say anything. But I would even broaden it out to, you know, judges who are victims of attack ads in say state Supreme Court elections can't talk back. Judges are really barred from commenting on this kind of huge public hue and cry.
[Barack] Obama's executive amnesty has been frozen via a stay by a judge on the appellate court. You remember, this is the judge that discovered the Defense Department lawyers were lying to him in open court, and instead of actually sanctioning them, he demanded that they go to a new ethics course to learn the proper behavior and decorum and the law in court, that you just can't lie with impunity to a judge.
There has been no clearer principle of English or American constitutional law than that, in criminal cases, it is not only the power and duty of juries to judge what are the facts, what is the law, and what is the moral intent of the accused; but that it is also their power, and their primary and paramount duty, to judge the justice of the law, and to hold all laws invalid, that are, in their opinion, unjust or oppressive, and find all persons guiltless in violating, or resisting the execution of, such laws.
Class warfare always sounds good. Taking action against the rich and the powerful and making 'em pay for what they do, it always sounds good. But that's not the job of the Supreme Court. The Supreme Court standing on the side of the American people? The Supreme Court adjudicates the law. The Supreme Court determines the constitutionality of things and other things. The Supreme Court's gotten way out of focus, in my opinion.
When I was in court I was the judge; when I was out of court I wasn't. Most people didn't address me as judge when I was in public.
I wouldn't approach the issue of judging in the way the president does. Judges can't rely on what's in their heart. They don't determine the law. Congress makes the law. The job of a judge is to apply the law.
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