Litigation

Editorials Eye Justice Roberts? Political Judgment

By Peter Hardin

Two leading national newspapers gave different appraisals of Chief Justice John Roberts Jr.’s even-handed criticism of partisan politics that has stalled judicial nominations and resulted in some courts facing ?extraordinary caseloads.?

Justice Roberts, in his year-end report on the federal judiciary (see Gavel Grab), wrote, “Each political party has found it easy to turn on a dime from decrying to defending the blocking of judicial nominations, depending on their changing political fortunes.  This has created acute difficulties for some judicial districts.”

A New York Times editorial, entitled “The Missing Judges,” agreed with Justice Roberts’ overriding concern but said he could have gone further. The editorial commented:

“[H]e diluted his message a bit by suggesting that blame for this undermining of the judicial branch rests evenly with both parties. The main culprit is an unprecedented level of Republican obstructionism.”

A Washington Post editorial was headlined, “Wheels of justice slowed by confirmation delay.” It did not take issue with Justice Roberts’ laying blame with both parties. Also deserving of some blame, the editorial said, were President Obama and “dysfunction in the Senate – including failure of Democrats to schedule votes and obstructionism by Republicans on some trial court nominees.”

Full post as published by The Gavel on January 04, 2011 (boomark / email).