Apparently a great many people have forgotten that the framers of our Constitution went to such great effort to create an independent judicial branch that would not be subject to retaliation by either the executive branch or the legislative branch because of some decision made by those judges.
I'm a judge. It seemed to me that it was critical to try to take action to stem the criticism and help people understand that in the constitutional framework, it's terribly important not to have a system of retaliation against decisions people don't like.
Any property may now be taken for the benefit of another private party, but the fallout from this decision will not be random. The beneficiaries are likely to be those citizens with disproportionate influence and power in the political process, including large corporations and development firms. As for the victims, the government now has license to transfer property from those with fewer resources to those with more. The Founders cannot have intended this perverse result.
Yes, I will bring the understanding of a woman to the Court, but I doubt that alone will affect my decisions.
I don't know how a judge can concentrate on being fair and impartial when he or she is faced with possible jail time for making a decision that others deem incorrect.
I suspect that over time we will rely increasingly, or take notice at least increasingly, on international and foreign courts in examining domestic issues. [Doing so] may not only enrich our own country's decisions, I think it may create that all important good impression.
[Court] is an institution that depends on making tough decisions in close cases for reasons that it explains well and that, in the past at least, have proven satisfactory to the public.
I think it's inevitable that some of the court's decisions will be found by a segment of the public to be not the right decision or subject to criticism.
Each justice hires their own clerks, and applications are made individually to the justices. It isn't a group decision.
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