Ju­di­cial branch of gov­ern­ment re­quires ‘com­plete im­par­tial­ity’

Baltimore Sun - - OBITUARIES - Ira L. Frank, Spring­field, Vir­ginia

Those of us who took a course in civics while in high school un­der­stand that the pres­i­dent (ex­ec­u­tive branch) and the mem­bers of Congress (leg­isla­tive branch) are po­lit­i­cal in na­ture (“Why Amy Coney Bar­rett’s re­li­gious views mat­ter — a dire warn­ing from Jus­tice Clarence Thomas,” Oct. 15).

The third branch of gov­ern­ment, the ju­di­cial branch, is sup­posed to be non­par­ti­san. It is a neu­tral branch where all lit­i­gants have an equal chance of pre­vail­ing in their dis­pute.

There is now a rush to ap­point a re­place­ment for de­ceased As­so­ciate Jus­tice Ruth Bader Gins­burg. The pres­i­dent openly ad­vo­cates his ap­point­ing a judge with con­ser­va­tive cre­den­tials. It is his hope and ex­pec­ta­tion that such a se­lectee will vote for stronger gun rights, abol­ish the Af­ford­able Care Act (Oba­macare), elim­i­nate, or greatly restrict, a woman’s right to an abor­tion and other con­ser­va­tive agenda items. Nom­i­nat­ing an open-minded and mid­dle of the road se­lectee ap­pears to be not even a thought to the par­ti­san pres­i­dent and Repub­li­can sen­a­tors.

I served as a state court judge in Texas. Al­though not an ex­clu­sive list, I would hope any judge would bring cer­tain at­tributes to their role as a judge. I would ex­pect a judge to be a hard worker and have: 1) di­verse ex­pe­ri­ence in the law; 2) crit­i­cal rea­son­ing skills; 3) ex­cel­lent speak­ing and writ­ing skills; 4) in­tegrity above re­proach; 6) and, fi­nally, com­plete im­par­tial­ity.

Nearly all Repub­li­can Sen­a­tors seem­ingly would like cases to be pre-de­cided based on po­lit­i­cal af­fil­i­a­tion. How very sad for the Amer­i­can peo­ple seek­ing an in­de­pen­dent ju­di­ciary.

Their hope for jus­tice de­pends upon the po­lit­i­cal lean­ings of the judge who can only see one side of an ar­gu­ment.

If it were up to the pres­i­dent and vir­tu­ally ev­ery Repub­li­can Se­na­tor, the third branch of gov­ern­ment would be po­lit­i­cal, and the de­ci­sions should al­ways fa­vor con­ser­va­tives over any other group of Amer­i­can cit­i­zens.

For the record, I am not bound to any po­lit­i­cal party. I am nei­ther a lib­eral nor a con­ser­va­tive.

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