An Appeal to Lawyers Who Are Republicans: Please Help Educate Rep. DeLay!
He also believes it is wrong for justices and judges to consult foreign case law.
Delay has has no idea how the common law has developed and grown over the past 500 years, first in Great Britain, then in the USA and the rest of English speaking world.
He also fails to understand how nearly all US judges and lawyers perform legal research.
This disturbing excerpt comes from DeLay's hometown Houston Chronicle today:
WASHINGTON - House Majority Leader Tom DeLay ratcheted up his criticism of judges and singled out U.S. Supreme Court Justice Anthony Kennedy on Tuesday, faulting him for using the Internet to conduct research and for writing court decisions "based on international law."
DeLay, R-Sugar Land, who was critical of federal judges who refused to order the reinsertion of Terri Schiavo's feeding tube before her death, also noted his disappointment that Republican-appointed judges are "judicial activists."
DeLay and other conservatives were angered last month when the U.S. Supreme Court, in a 5-4 ruling, found the Constitution forbids executing convicts who committed crimes before turning 18. The court majority opinion noted that the views of international courts had been taken into account.
"We've got Justice Kennedy writing decisions based upon international law, not the Constitution of the United States? That's just outrageous. And not only that, but he said in session that he does his own research on the Internet? That is just incredibly outrageous," DeLay said during an interview on Fox News Radio's The Tony Snow Show
To my Republican colleagues: You cannot possibly agree with DeLay and be a mainstream attorney. His uneducated criticism goes against everything we as attorneys are taught in law school and practice every day. DeLay is not going to listen to a liberal Democrat like me. But some of you who are moderate and conservative Republicans, good lawyers who understand the history of the development of the law and use of technology in researching the law, you he might listen to.DeLay is endangering public respect for judges and the rule of law. He obviously holds our profession--a profession that resolves disputes, helps ensure rights, helps businesses run, and is a pillar of American democracy--in low repute.
Please, my GOP attorney colleagues, tell DeLay or tell Thune to tell DeLay that he is wrong, wrong, wrong.
Todd Epp
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Reader Comments (2)
Sibby froths:" [quoting Epp] Please, my GOP attorney colleagues, tell DeLay or tell Thune to tell DeLay that he is wrong, wrong, wrong.
[Sibby Responds]"So only an attorney is worthy? Todd, how about the rest of us? Is it not a duty of an American citizen to fully understand the law of the land? Well if Epp doesn’t want to listen to my opinion in regard to the judiciary,"
Sibby seems to have a reading comprehension problem or a penchant for intentional misunderstanding in the interests of a better strawman.
Nowhere do I see anything in Epp's writing that suggests anything like Sibson is attacking. Epp did not say Sibson or others of similar levels of intentional ignorance could not or should not contact sensible Republicans about the Texas Bugkiller's misunderstanding of law and the constitution and the judiciary.
Nope Sibby and all the rest of us are equally worthy in our ability to raise hell; but as Epp carefully notes, with congressional Republicans unwillingness to pay any attention to the half of the electorate that is Democrat, it probably would not do much good for Epp (Who Sibby often refers to as something like "Known Democrat Operative") to contact any of the Republican legislators.
That is much different than somehow claiming that those of us who are not lawyers are "unworthy" (to use Sibson's term).
If Supreme Court judges look only at the precise words of the Constitution our whole government system will be stuck in the sands of time..1789 or so to be more precise.
DeLay and Frist who pushed legislation that was so special in nature as to be viewed as unconstitutional without any reference to the internet or international law are not on very good ground to be lecturing judges for ignoring their trampling on the separation of powers and ravaging of states rights.
With enemies like Sibson, Epp doesn't need friends.