Judiciary

We have been taught that Justice is blind. But, does it mean that our Federal Judges are judicially blind of common sense and common good? I suspect that if our federal judges issued rulings in WWII as they do today, German would be our spoken language.

As I ponder the recent rulings by some of our federal judges, two decisions come to mind. The first was issued earlier this month by Judge Anna Diggs Taylor and basically, it stopped the use of wiretapping as employed in the fight against terrorism. There is a part of our nation that would like to see wiretapping, without prior approval of a judge, completely stopped, regardless of how many lives might be saved. Sarcastically speaking, that’s just what we need. Think of the consequences of waiting on a judge’s approval and that particular judge or one of their staff leaked the information to a newspaper. This thought doesn’t exactly trigger feelings of safety. The real irony of this hypothetical yet potentially real situation is that these people such as the judge and/or staffer think they are operating by the rule of law and in the very best interest of our nation.

Since wiretapping deals with privacy, where will the logical conclusion take us? It appears that many of our lawyers and judges are unable to decipher between the right to privacy and the safety of American citizens. So, it appears many in our legal arena say the heck with safety and the right to privacy for everyone including would be terrorists.

The second ruling was issued this week by another federal judge and it blocks a Louisiana State Law banning the sale of violet video games to minors. Granted, this may not reach the same level as safety against terrorism. However, this is another case where common sense and common good have been obstructed by judicial blindness. This particular judge (James Brady) said that this state law is an “invasion of First Amendment rights”. Again, where does the logical conclusion lead? The following may seem ridiculous. However, does this mean that you violate your ten year old child’s First Amendment rights by not allowing him or her to use vulgar language?

The rule of law without temperance of common sense and common good will carry our nation down the road of destruction. That is the logical conclusion, pessimistic yet very real.

Judgeships are the hidden corner of politics. As state and local judges campaign for office, many citizens have no idea of their position on any given issue. For most of the population, this area of the political arena is out of sight and out of mind. Therefore, how do we establish accountability for our judges? First, our President and our Congress must be more astute in their judicial appointments. Second, we as citizens must take time to learn about our judicial candidates. Having said that, real accountability for our judges will come when term-limits are imposed and when these positions are made partisan. We as citizens need to know if a judicial candidate is opposed to the death penalty. We also need to know their opposition to any part of our legal system. Are they judicially blind and void of judicial common sense?

Ruling by Judge Anna Diggs Taylor: http://www.mied.uscourts.gov/eGov/taylorpdf/06%2010204.pdf
Ruling by Judge James Brady: http://news.com.com/Louisiana+video+game+law+put+on+hold/2100-1047_3-6109615.html?tag=nefd.top