Tuesday, October 03, 2006

Gonzales Cautions Judges on Interfering


Something tells me that Judges, no matter their polical leaning, will not take kindly to little Alberto telling them to, basically, buzz off.

Gonzales Cautions Judges on Interfering:

Washington - Attorney General Alberto Gonzales, who is defending President Bush's anti-terrorism tactics in multiple court battles, said Friday that federal judges should not substitute their personal views for the president's judgments in wartime.

He said the Constitution makes the president commander in chief and the Supreme Court has long recognized the president's pre-eminent role in foreign affairs. 'The Constitution, by contrast, provides the courts with relatively few tools to superintend military and foreign policy decisions, especially during wartime,' the attorney general told a conference on the judiciary at Georgetown University Law Center.

'Judges must resist the temptation to supplement those tools based on their own personal views about the wisdom of the policies under review,' Gonzales said.

And he said the independence of federal judges, who are appointed for life, 'has never meant, and should never mean, that judges or their decisions should be immune' from public criticism.

'Respectfully, when courts issue decisions that overturn long-standing traditions or policies without proper support in text or precedent, they cannot - and should not - be shielded from criticism,' Gonzales said. 'A proper sense of judicial humility requires judges to keep in mind the institutional limitations of the judiciary and the duties expressly assigned by the Constitution to the more politically accountable branches.'

His audience included legal scholars and judges, including Justice Clarence Thomas, one of the Bush administration's most reliable supporters on the Supreme Court.

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