Almost a month ago, Tom DeLay, as part of his tireless crusade against the federal judiciary, instructed the House Judiciary Committee to investigate federal court decisions in the Terri Schiavo case and to recommend possible legislation. It was, to be sure, a fairly radical request.
Yesterday, the chairman of the House Judiciary Committee largely rejected DeLay’s request.
House Judiciary chairman James Sensenbrenner urged Congress on Monday to create a government watchdog for the federal judiciary, but he also said lawmakers should ignore conservative calls to weaken courts because of federal judges’ decisions during the Terri Schiavo case.
“While I vociferously disagree with the federal judiciary’s handling of this case, that does not mean that Congress should respond by attempting to neuter the courts,” Mr. Sensenbrenner, R-Wis., said in remarks for a speech at Stanford University.
Sensenbrenner didn’t mention the Majority Leader by name, but this was clearly a repudiation of DeLay’s agenda. Indeed, when DeLay charged Sensenbrenner with the task of reviewing the Schiavo rulings, DeLay was already talking openly about undermining the courts’ authority and jurisdiction.
“We set the jurisdiction of the courts,” DeLay said. “We set up the courts. We can unset the courts. We have the power of the purse.”
This is exactly what Sensenbrenner said he would not do. Though I’m glad Sensenbrenner had the sense to distance himself from DeLay’s crusade, I’m not altogether sure what he meant about a government “watchdog” for the judiciary.
Sensenbrenner indicated yesterday that he’s concerned, not about the judiciary’s rulings, but about how the courts spend their money.
The House Judiciary Committee is looking into setting up an inspector general’s office to work with the federal appeals and trial judges to see how they are handling the money Congress gives them, he said.
“If the courts are not spending their resources judiciously, the American people through their representatives are entitled to corrective action,” Mr. Sensenbrenner said.
OK, reviewing budgets and administrative operations doesn’t have to be too intrusive. It would probably fall under Congress’ purview anyway. But having the House establish some kind of permanent watchdog division to monitor the courts creates an opportunity for abuse and a weakening of judicial independence.
Sensenbrenner is on the right track on DeLay’s lunacy, but he should be cautious about creating a mechanism that could give DeLay what he wants — a congressional check on the courts.