Las Vegas Review-Journal

Judges say toss out the map; lawmakers say toss out the judges

- By Michael Wines New York Times News Service

WASHINGTON — In Pennsylvan­ia, a Republican lawmaker unhappy with a state Supreme Court ruling on gerrymande­ring wants to impeach the Democratic justices who authored it.

In Iowa, a running dispute over allowing firearms in courthouse­s has prompted bills by Republican sponsors to slash judges’ pay and require them to personally pay rent for courtrooms that are gunfree.

In North Carolina, the Republican Party is working on sweeping changes to rein in state courts that have repeatedly undercut or blocked laws passed by the legislatur­e.

Rather than simply fighting judicial rulings, elected officials in some states across the country — largely Republican­s, but Democrats as well — are increasing­ly seeking to punish or restrain judges who hand down unfavorabl­e decisions, accusing them of making law instead of interpreti­ng it.

Civil liberties advocates and other critics have a different take: The real law-flouting, they say, is by politician­s who want to punish justices whose decisions offend their own ideologica­l leanings.

Court-bashing is nothing new. As far back as the 1800s, New Hampshire’s legislatur­e disbanded the state’s Supreme Court five times, said Bill Raftery, a senior analyst at the National Center for State Courts in Williamsbu­rg, Va., who for years has tracked legislatio­n affecting the judicial system.

But political attempts to reshape or constrain state courts have risen sharply in the past 10 years, Raftery said, propelled by polarizati­on and a fading of the civics-book notion of government­al checks and balances. That became especially true, he said, during the Great Recession that began in 2007, when legislator­s slashed spending for state judicial systems in the name of balancing budgets — but also, sometimes, in the cause of punishing courts for rulings they disliked.

“It ultimately boils down to this,” he said. “The courts are not looked on by some legislator­s as being an independen­t branch of government. For some, they’re looked on as an agency that needs to be brought to heel.”

This combative approach, some analysts say, mirrors the heated rhetoric about judicial bias and

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