Bad news for Dems on judicial nominations

ABA Journal:

More than half of Americans are angry and disappointed with the nation’s judiciary, a new survey done for the ABA Journal eReport shows.

A majority of the survey respondents agreed with statements that "judicial activism" has reached the crisis stage, and that judges who ignore voters’ values should be impeached. Nearly half agreed with a congressman who said judges are "arrogant, out-of-control and unaccountable."

The survey results surprised some legal experts with the extent of dissatisfaction shown toward the judiciary. "These are surprisingly large numbers," says Mark V. Tushnet, a constitutional law professor at Georgetown University Law Center in Washington, D.C.

"These results are simply scary," adds Charles G. Geyh, a constitutional law professor at Indiana University School of Law in Bloomington.

...

Fifty-six percent of the respondents strongly or somewhat agreed with the opinions expressed in each of two survey statements:

  • A U.S. congressman has said, "Judicial activism … seems to have reached a crisis. Judges routinely overrule the will of the people, invent new rights and ignore traditional morality." (Twenty-nine percent strongly agreed and 27 percent somewhat agreed.)
  • A state governor has said that court opinions should be in line with voters’ values, and judges who repeatedly ignore those values should be impeached. (Twenty-eight percent strongly agreed and 28 percent somewhat agreed.)

Forty-six percent strongly or somewhat agreed with the opinion expressed in a third statement:

  • A U.S. congressman has called judges arrogant, out-of-control and unaccountable. (Twenty-one percent strongly agreed and 25 percent somewhat agreed.)
Thes voters are talking about real judicial activism, not the faux activism that Chuck Shumer talks about. They are angry about judges ruling on homosexual mariage, and the recent ruling on the pledge of allegiance. They are expressing values much close to that of the President than to the Senate Democrats.

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