The War on Judges

First we have reckless remarks by Rep. Tom Delay (R) Texas to the press, and now this from Sen. John Cornyn (R) Texas on the senate floor today: "I don't know if there is a cause-and-effect connection but we have seen some recent episodes of courthouse violence in this country. Certainly nothing new, but we seem to have run through a spate of courthouse violence recently that's been on the news and I wonder whether there may be some connection between the perception in some quarters on some occasions where judges are making political decisions yet are unaccountable to the public, that it builds up and builds up and builds up to the point where some people engage in - engage in violence." This brought a heated response from Sen. John Conyers Jr. (D) Michigan on his blog. Irresponsible Rhetoric Can Lead to Tragic Results During the protracted coverage and debate of the Schiavo matter, I was struck by the disrespectful and reckless language being used against judges. One by one, my Republican colleagues took the House floor to attack judges as "unconscionable," lacking "human compassion," needing to be held in "contempt," and having "answering to do." I remember thinking that such dehumanizing rhetoric is especially dangerous in these times towards anyone, let alone judges. Outside the halls of Congress, words flew even more recklessly and the House Majority Leader Tom DeLay called the removal of Schiavo's feeding tube an "act of medical terrorism." The Reverend Pat Robertson called it "judicial murder." I remember thinking about Judge Rowland Barnes of Georgia, who less than a month ago, was shot to death by an angry litigant in his courtroom, along with two other court employees. I remember thinking that irresponsible words can lead to tragic results. I thought of Judge Joan Lefkow, whose husband and mother are thought to have been murdered by an aggrieved litigant. Since then, I have been trying to think of the most appropriate forum to gently call this to my colleagues' attention, and to remind them that -- no matter how strong our feelings about individual decisions and cases, we need to be cognizant of the influence we may have -- especially on those that may be disturbed, and we always need to know that -- as elected officials -- our words have consequences. That was to be a subtle message. It is unfortunate that today my message must be less subtle because things are very quickly spinning out of control. First, the Majority Leader of the House of Representatives, Tom DeLay, made the outrageous statement, and apparent threat, that "the time will come for the men responsible for this to answer for their behavior." When given repeated opportunities to disavow the interpretation of his comments as a threat or incitement to violence, DeLay has repeatedly declined to do so. Tonight, my staff showed me a quote from Senator John Cornyn (found on Americablog) that speaks for itself: "And finally, I – I don't know if there is a cause-and-effect connection but we have seen some recent episodes of courthouse violence in this country. Certainly nothing new, but we seem to have run through a spate of courthouse violence recently that's been on the news. And I wonder whether there may be some connection between the perception in some quarters on some occasions where judges are making political decisions yet are unaccountable to the public, that it builds up and builds up and builds up to the point where some people engage in -- engage in violence. Certainly without any justification but a concern that I have that I wanted to share." This apparent effort to rationalize violence against judges is deplorable. On its face, while it contains doubletalk that simultaneously offers a justification for such violence and then claims not to, the fundamental core of the statement seems to be that judges have somehow brought this violence on themselves. This also carries an implicit threat: that if judges do not do what the far right wants them to do (thus becoming the "judicial activists" the far right claims to deplore), the violence may well continue. If this is what Senator Cornyn meant to say, it is outrageous, irresponsible and unbecoming of our leaders. To be sure, I have disagreed with many, many court rulings. (For example, Bush v. Gore may well be the single greatest example of judicial activism we have seen in our lifetime.) But there is no excuse, no excuse, for a Member of Congress to take our discourse to this ugly and dangerous extreme. My message is not subtle today. It is simple. To my Republican colleagues: you are playing with fire, you are playing with lives, and you must stop. Senator Cornyn and Congressman DeLay should immediately retract these ill considered statements. If these statements are not retracted, then in my opinion Cornyn and DeLay should both be forced to resign from office. Of course we know that will never happen. However, if anything untoward happens to any member of the Judiciary who has been involved with the Schiavo case both of these men should be charged in a court of law with inciting violence. It is bad enough when we have people like The Reverend Pat Robertson calling the Schiavo decision "judicial murder." but when it comes from elected officials, it is downright disgusting. The atmosphere of hate that has developed towards the Judiciary has entered into a very dangerous time now thanks to wingnut radicals like these.