Governor Romney offered a rather scathing
critique of the SJC's decision on gay marriage. He did so to impress his audience, the rabidly conservative Federalist Society. Two things annoy me.
The first is that Governor Romney, while consistently outspoken on being against the decision, has never made the argument he made yesterday, that the judges were personally biased rather than following the law, here in Massachusetts. Why did he wait to please an audience, if he has felt this way why not say so immediately after the decision was handed down? I am perturbed that this governor keeps changing his tune in front of audiences (think abortion, he ran as a governor who wouldn't touch it now he can't find a microphone fast enough to denounce it).
What annoys me more is the latest erosion of our independent judiciary. Whenever a person, be they conservative or liberal, trounces a judge as having a personal motivation rather than a legal motivation, we reinforce the incorrect notion that judges are actively seeking to legislate and mold the world according to their views. I do not disagree that judges have philosophies and that these will effect the way in which they analyze the law. These philosophies are legal philosophies and this is an important distinction. Judges go to the bench with a particular way of analyzing a law. I do not agree with Scalia's interpretation of the Constitution, but I do not for one minute think he is trying to remake America for his personal pleasure. Scalia believes the past decades of constitutional jurisprudence are incorrect. So be it. But please do not charge him as being personall biased and seeking personal gratification; what he seeks is judicial gratification and while the distinction between the two may be small in reality they are worlds apart.
An independent judiciary is an essential check on the other branches. When we are wronged by the Executive and Legislative, we can only turn to the Judicial. Whenever a politician takes a cheap shot at the judicial branch we lessen its opportunity for recourse and make it more of a stooge to the other two branches. Shame on you Mitt, read your Constitution again so you understand the importance of ALL the branches, not just yours.
Cross posted at Mass Revolution Now!.