Comments on: Through Addictions to Dementia: Supreme Court Justices Have Refused to Step Down — The Need for Reforming the Supreme Court http://jonathanturley.org/2007/08/30/through-addictions-to-dementia-supreme-court-justices-have-refused-to-step-down-the-need-for-reforming-the-supreme-court/ Res ipsa loquitur ("The thing itself speaks") Tue, 24 Nov 2009 07:45:24 +0000 http://wordpress.com/ hourly 1 By: UncaPaul http://jonathanturley.org/2007/08/30/through-addictions-to-dementia-supreme-court-justices-have-refused-to-step-down-the-need-for-reforming-the-supreme-court/#comment-66 UncaPaul Fri, 31 Aug 2007 01:49:49 +0000 http://jonathanturley.wordpress.com/2007/08/30/through-addictions-to-dementia-supreme-court-justices-have-refused-to-step-down-the-need-for-reforming-the-supreme-court/#comment-66 Mr. Turley, your historical perspective on this issue shows that we have had some justices whose mental faculties have eluded them during their tenure on the bench. At the same time, these stories show us something else -- our republic has survived and even thrived in spite of this. Given the acrimonious fights that have occurred in the Senate over the last few decades over judicial nominations, the idea that judges would have to subject themselves to reappointment would destroy judicial independence. If the current Senate had to vote on the issue of whether or not Ruth Bader Ginsburg has the mental capacity to remain on the bench, or be removed in favor of another Bush appointee, there would be at least 48 Senators willing to state she's nuttier than a rum raisin cake. Instead, let's leave the decision to leave the bench where it remains -- in the hands of those who sit on the bench. This maintains true judicial independence, and we can trust that the vast majority of justices are capable of stepping down if it's in the nation's best interest. Mr. Turley, your historical perspective on this issue shows that we have had some justices whose mental faculties have eluded them during their tenure on the bench.

At the same time, these stories show us something else — our republic has survived and even thrived in spite of this.

Given the acrimonious fights that have occurred in the Senate over the last few decades over judicial nominations, the idea that judges would have to subject themselves to reappointment would destroy judicial independence. If the current Senate had to vote on the issue of whether or not Ruth Bader Ginsburg has the mental capacity to remain on the bench, or be removed in favor of another Bush appointee, there would be at least 48 Senators willing to state she’s nuttier than a rum raisin cake.

Instead, let’s leave the decision to leave the bench where it remains — in the hands of those who sit on the bench. This maintains true judicial independence, and we can trust that the vast majority of justices are capable of stepping down if it’s in the nation’s best interest.

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