by Stuart F. James
posted June 27, 2006
Conservatives are complaining we have a problem in our judicial system. Conservatives complain we have liberal judges legislating from the bench.
They complain that liberalism is undermining the effectiveness of the
judiciary, having judges inappropriately making the law contrary to our legal and moral principles. Conservatives proclaim this type of conduct is undermining the judicial system. They believe activist judges are destroying the very fabric of American jurisprudence.
In Hamilton County, state Sen. David Fowler formed The Family Action Council. The Family Action Council was created in conjunction with a national group - Focus on the Family. The Family Action Council's self-stated mission is to "strengthen and protect families" through education and advocacy. When you look at what the Family Action Council is doing through a questionnaire to state court judges its mission has nothing to do with "(strengthening) and [protecting] families" and everything to do with a right wing political agenda designed to fool the voters.
In order to meet its goal, this group asked Tennessee Supreme Court justices, Appellate Court Judges and Trial Court Judges seeking re-election to disclose their legal views on issues including same-sex marriage and abortion. In the questionnaire The Family Action Council states, "Family Action Council seeks your views on a number of political and legal issues and requests you to respond." The newly created group's executive director, David Fowler, requests judges to answer questions about specific issues.
The survey asks whether a judicial candidate believes there is a state
constitutional right to same-sex marriage. Candidates in responding can either agree, disagree or say they are undecided citing to state judicial canons of ethics and that those cannon of ethics do not permit an answer.
Another area of inquiry asks whether candidates believe the state's
constitution requires the use of public funds for abortion. Candidates are also asked whether they believe the state Constitution permits the
teaching of evolution and alternative theories such as creationism.
The obvious goal of the questions is political, not legal. The questions
seek to find judges who are conservative on issues. The Family Action Council seeks to accomplish one goal-motivate right wing conservatives to elect right wing judges who will legislate from the bench. Objectivity has nothing to do with the questions asked by the Family Action Council.
The Family Action Council is seeking conservative judges to legislate and be active in promoting conservative ideals such as opposition to abortion and same-sex marriage, legislating these ideals as activist conservative judges.
The key to a good judge is whether the judge is objective and unbiased in making rulings from the bench. The key to a good judge is whether the rulings are based upon the law and the facts before that judge. A good judge is neither conservative nor liberal; a good judge is fair and unbiased. Anything else, whether conservative or liberal, is exactly what conservatives fight against-activist judges legislating from the bench-forcing their ideas on an unsuspecting public.
The Family Action Council's questionnaire seeks Judges who have political beliefs that are to the right, enabling the Family Action Council to seek conservative activist judges who will legislate from the bench. There is nothing objective about what the Family Action Council is seeking to accomplish.
Conservatives cannot have it both ways, they cannot condemn activist liberal judges who legislate from the bench while they seek activist conservative judges who legislate from the bench.
Stuart James
sfj@gcjpc.com
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