#JudicialIndependence

Catherine Morriscmorris
2025-05-10

: Lawyers’ Rights Watch Canada wrote to the of , Doug Ford, today to express concern about his recent public comments in response to a court decision with which he disagreed. "These remarks risk undermining the independence of the judiciary—a cornerstone of a democratic society governed by the rule of law," LRWC wrote. | See the full LRWC letter at: lrwc.org/ontario-canada-indepe

2025-05-09

But in the following year, as Kennedy reverted to greater agreement w/the Chief Justice, #Souter found himself on the minority side of far more split decisions.

…The 1992-93 decline of the Souter-O'Connor-Kennedy trio led some observers to highlight how Kennedy had moved back rightward, but Paul Barrett of WSJ contended that actually the "most striking development" was Souter's "emerging #liberal streak."

#DavidSouter #SCOTUS #law #judiciary #JudicialIndependence #ethics

2025-05-09

…Casey was the most important case of the 1991-92 term, but there were other impressive Souter successes. He, Kennedy & O'Connor also came together, again joined by Blackmun & Stevens, in a crucial #EstablishmentClause case, Lee v. Weisman, where they struck down the recital of #religious prayers at #PublicSchool graduation ceremonies.

#DavidSouter #SCOTUS #law #Constitution #judiciary #JudicialIndependence #ethics

2025-05-09

Harry Blackmun's concurrence accurately termed the #Souter-O'Connor-Kennedy joint opinion "an act of personal courage & constitutional principle," & Blackmun added that "what has happened today should serve as a model for future Justices & a warning to all who have tried to turn this Court into yet another #political branch."

#DavidSouter #SCOTUS #law #judiciary #JudicialIndependence #ethics

2025-05-09

“But when the Court does act in this way, its decision requires an equally rare precedential force to counter the inevitable efforts to overturn it & to thwart its implementation. Some of those efforts may be mere #unprincipled emotional reactions; others may proceed from principles worthy of profound respect.

#DavidSouter #SCOTUS #law #judiciary #JudicialIndependence #ethics

2025-05-09

“It is the dimension present whenever the Court's interpretation of the #Constitution calls the contending sides of a national controversy to end their national division by accepting a common mandate rooted in the Constitution.

"The Court is not asked to do this very often, having thus addressed the Nation only twice in our lifetime, in the decisions of #Brown & #Roe.

#DavidSouter #SCOTUS #law #judiciary #JudicialIndependence #ethics

2025-05-09

Then #Souter moved to the core of his argument, 2 paragraphs that rank among the most memorable lines ever authored by an American #jurist:

"Where, in the performance of its judicial duties, the Court decides a case in such a way as to resolve the sort of intensely divisive controversy reflected in #Roe & those rare, comparable cases, its decision has a dimension that the resolution of the normal case does not carry.

#DavidSouter #SCOTUS #law #judiciary #JudicialIndependence #ethics

2025-05-09

That background had not been fully understood by the commentators & Senators who had debated what his 1990 nomination meant for the future of #Roe & other fundamental rights. If they had, what was now happening in Casey would not have come as a surprise.

#Souter's analysis reflected a realism not always found in high court pronouncements:

#DavidSouter #SCOTUS #law #judiciary #JudicialIndependence #ethics

2025-05-09

"The essential holding of #RoeVWade should be retained & once again affirmed," they wrote in language that also spoke for Blackmun & Stevens.

"Roe's essential holding, the holding we reaffirm, has 3 parts. First is a recognition of the right of the #woman to choose to have an #abortion before viability & to obtain it without undue interference from the State.…

#DavidSouter #SCOTUS #law #judiciary #JudicialIndependence #ethics

2025-05-09

In early June, #Souter, O'Connor & Kennedy distributed to their colleagues initial copies of their joint opinion. As David Savage later wrote in The Los Angeles Times: "Rehnquist & Scalia were stunned. So, too, was Blackmun." And so, on Monday morning, June 29, 1992, the final day of the term, commentators were unprepared for the result in #PlannedParenthoodVCasey.

#DavidSouter #SCOTUS #law #RoeVWade #judiciary #JudicialIndependence #ethics

2025-05-09

#DavidSouter pressed Starr to concede that if his position prevailed, states could #outlaw all #abortions except perhaps those where a pregnancy directly threatened a #woman's life.

None of Souter's comments had telegraphed a clear position on either Casey or Roe.

Not for many years will any outsiders likely see any notes that may have been taken that following Friday morning when the Justices met to vote on Planned Parenthood v. Casey.

#SCOTUS #law #judiciary #JudicialIndependence #ethics

2025-05-09

On Wednesday, during oral argument of the case, Planned Parenthood of Southeastern Pennsylvania v. Casey, he had listened intently from his seat on the bench as Planned Parenthood's attorney, Kathryn Kolbert, began her argument:

"Whether our #Constitution endows #government with the #power to force a #woman to continue or to end a pregnancy against her will is the central question in this case.

#DavidSouter #SCOTUS #law #judiciary #JudicialIndependence #ethics

2025-05-09

Justice Souter Emerges
By David J. Garrow

NO PUBLIC DOCUMENT—AND PROBABLY only a single very private one—marks April 23, 1992, as one of the more momentous days in recent #SupremeCourt history. Nothing of apparent note transpired at the Court that Thursday; oral arguments had taken place the day before and the Justices' weekly private conference, where they vote on cases, would not begin until Friday morning.

#DavidSouter #SCOTUS #law #judiciary #JudicialIndependence
nytimes.com/1994/09/25/magazin

2025-05-09

Former #SCOTUS Justice #DavidSouter died on Thursday at his New Hampshire home, the court said in a statement on Friday. He was 85.

#law #judiciary #JudicialIndependence #nonpartisan
reuters.com/world/us/former-us

🧵Excerpts from a beautiful piece written in the NYT by David J. Garrow in 1994 on Souter’s remarkable contribution in Planned Parenthood v. Casey in which the #SupremeCourt upheld the right to #abortion as established by #RoeVWade:

Yonhap Infomax Newsinfomaxkorea
2025-05-07

Opposition party criticizes postponement of Lee Jae-myung's trial, alleging political pressure and warning of threats to judicial independence and democratic principles

en.infomaxai.com/news/articleV

Yonhap Infomax Newsinfomaxkorea
2025-05-05

Democratic Party's election committee chair Kang Keum-sil demands immediate suspension of Lee Jae-myung's retrial, citing concerns over judicial independence and fair election processes ahead of crucial presidential vote.

en.infomaxai.com/news/articleV

CRMunozcrmunoz
2025-04-25

🚨 Judges Arrested. Democracy Threatened.

In just two days, two judges were arrested in cases dripping with political overtones.
This isn't law enforcement — it's ideological warfare.
📖 Full urgent dispatch: carlosrmunoz.substack.com/p/ur

A federal judge arrested? A shocking move by the Trump administration! In Milwaukee County, Circuit Court Judge Hannah Dugan faces federal charges for allegedly aiding an undocumented immigrant evade arrest. This escalation highlights rising tensions between the administration and the judiciary, stemming from legal challenges to executive orders. For the full story, click here: crooksandliars.com/2025/04/tru. #JudicialIndependence #TrumpAdministration #LegalChallenges

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