The SJC at 325

The Massachusetts Supreme Judicial Court celebrates its 325th anniversary this month, making it the oldest continually serving appellate court in the nation. And at a moment in our history when all of our institutions are being questioned and challenged, it’s a good time to reflect on those that continue to serve us well.

This, after all, was the same court that had as its first assignment in 1693 wading through the legally dubious thicket that became known as the Salem Witch Trials and putting to an end the injustice and hysteria that had gripped the region.

Last week, three former chief justices and current Chief Justice Ralph Gants gathered for a panel to explore not just the court’s history, but the changes it has undergone during their tenures and the changes it has made in the lives of the people of this state.

From the 1783 Quock Walker case, in which the court found slavery to be inconsistent with the state Constitution’s principle that “all men are born free and equal,” to the 2003 Goodridge decision that found denying the benefits of marriage to same-sex couples “violates the basic premises of individual liberty and equality under law,” this court has been a trailblazer for liberty.

But any court is only as good and as wise as the people named to serve on it. And as former Chief Justice Margaret Marshall pointed out, even during her tenure (beginning as an associate justice in 1996) there was a sea change in the diversity of its appointees. Marshall, an immigrant from South Africa and the SJC’s first female chief justice (1999) was followed by Roderick Ireland, who in 2010 became the first African-American chief justice.

Sometimes it’s not simply about jurisprudence or even the wealth of life experiences justices bring to the job, but about being part of an institution ordinary citizens can respect.

Making that institution open and accessible is also critical these days. And so this oldest of courts was among the first in the world (under Marshall’s tenure) to live-stream its proceedings.

The third branch of government is often under fire these days. But to those who see some kind of answer in the election rather than appointment of judges we have only three words — Judge Roy Moore.

Ours is “a wonderful system and one worth protecting,” Marshall said at the forum.

It is indeed — and that is truly something to celebrate.