Judicial impeachment remain very much on DeLay’s mind

It’s supposed to be an easy yes-or-no question. A reporter asks a presumably sane member of Congress whether he or she will pursue impeachment charges against federal judges who’ve done nothing wrong. The sensible, non-crazy answer is, “No.” With Tom DeLay, the answer consistently seems to be, “Maybe.”

Last week, for example, the ultra-conservative Washington Times asked DeLay, “Are you going to pursue impeaching judges?” DeLay responded, simply, “I’m not going to answer that.”

Yesterday, he was at it again.

[DeLay] said he could not predict whether Congress might try to remove any federal judges as a result of the committee’s review.

“What we’re going to do is we’re going to look at this issue and look at the Constitution, try to educate the American people as to what the checks and balances are, and who knows where that will lead us,” Mr. DeLay said.

He singled out Justice Kennedy, who was appointed by President Ronald Reagan but has been criticized by conservatives for citing international law in a recent ruling barring the execution of juveniles.

“That’s just outrageous,” Mr. DeLay said in the Fox interview. “And not only that, but he said in session that he does his own research on the Internet? That is just incredibly outrageous.”

Why DeLay is suddenly against Internet research remains a mystery, but the fact that he’s still seriously talking about judicial impeachments is breathtaking. He’s not threatening judges with bodily harm anymore, but these are threats nevertheless. And this time, there will be no apology forthcoming.

I’d love to see how many of DeLay’s GOP colleagues would stand by such lunacy. How about some Dems get a resolution onto the House floor, asking lawmakers to vote up or down on a statement that no federal judge should face impeachment charges short of criminal activity and/or obvious malfeasance and misconduct? Let’s isolate DeLay and let him stand alone on his far-right fringe.

I think DeLay’s criticsm about Kennedy using the Internet to do legal research is based on what DeLay might consider two wrongs by Kennedy: First, that Kennedy is even looking at international law in making SCOTUS decisions. Second, using ANY source outside of the Constitution itself is wrong when trying to interprest the Constitution and applying it to the facts of any case.

Now, any intellectually honest attorney will tell you that statutory construction requires that you first look to the “four corners of the document” in trying to interpret that document. If that document is ambiguous or does not yeild an answer to the issue at hand, then you must go outside the document for your answer. For Justices like Scalia and Thomas (along with all of the Federalist Society) who believe that the Constitution is unchanging and should be interpreted and applied AS IF it were 1776 rather than 2005, then DeLay makes perfect sense. For the rest of us in the reality-based community, it is utter rubbish — if these loons have their way, slavery would be legal, women could not vote, execution of minors would be permitted, and there would be no income tax. Of course, they would disagree, as these changes came about by way of Amendments to the Constitution. If you think this is okay, then you must not be old enough to remember the Equal Rights Amendment.

Women, minoritites, and those without money or political power should be very afraid of the loons now in power — and that especially includes DeLay, Frist, Bush, Thomas and Scalia.

  • I am an attorney. The internet is indispensable to my practice, because Westlaw provides me access to every published decision (and many unpublished decisions) of the state and federal district and appellate courts, law journal articles, legal treatises, federal and state statutes, federal regulations, and court rules.

    If DeLay doesn’t think the internet is appropriate for legal research, does he have an alternate suggestion for lawyers and judges who practice in towns that do not have a full-fledged, fully-stocked library?

  • Comments are closed.