By Brian Bohl
House Majority Leader Tom DeLay and other conservatives have recently enlightened the public that henceforth the United States legal system will have an added appellate level: one of violent avengement. Unhappy with recent verdicts in the Terri Schiavo case, DeLay and Texas Senator John Cornyn recently insinuated that physical retribution might befall judges that render “ideological” verdicts.
“The frustration builds and builds up to a point where some people engage in” possible violent behavior, commented Cornyn on the Senate floor. The fact that a public official even entertained the idea of validating violent actions against judges because of their “raw political and ideological decisions” from judges who are “unaccountable to the public,” is unacceptable.
To even hint that judges have brought the spat of recent attacks on themselves is exceedingly reckless and ignorant. The most shocking aspect of Cornyn’s ratings is that the Senator is a former Texas Supreme Court justice and a member of the Senate Judiciary Committee. The very idea that a public official would even suggest that assaulting a member of the judiciary can be acceptable under any circumstances is reprehensible. Cornyn should immediately step down from his appointment to the committee , a group that is supposed to work to ensure an independent judiciary.
DeLay’s comment that, “the time will come for the men responsible for them to answer for their behavior,” was also in poor taste. Even for many neocons, this statement was viewed as too extreme. The San Antonio Express-News reported that Vice President Dick Cheney told an editorial board that he “had problems with seeking retribution against judges.” When Cheney says you’ve gone too far, you know you’ve crossed the line.
DeLay would be wise to scale back his outspokenness at the risk of looking hypocritical. It seems foolish for someone to condemn the behavior of others while he is currently being probed for serious ethics violations. The New York Times recently reported that since 2001 DeLay’s wife and daughter have received more than $500,000 from campaign and political action committees. The Washington Post also reports that in 1997, DeLay enjoyed a trip to Moscow financed by business interests that had lobbied for Russia in Washington. While these allegations are still under investigation, their very existence should have been incentive enough for DeLay to keep his opinions about the integrity of others to himself.
The most perplexing aspect of the whole situation is that the cases in question have not set any precedents or overturned long standing beliefs. In the case of Schiavo, her husband, the acting legal guardian, was allowed to make a decision for his incapacitated wife. Whether one agreed with it or not, the fact of the matter is the law upheld precedent. Just because people like DeLay and Cornyn were unhappy with the repeated and unanimous legal decisions does not make those verdicts wrong.
The legislative branch does not have to do all of the judiciary’s bidding. Their check over that branch is to pass laws beforehand. If they do not like the rulings of the courts, DeLay and Cornyn should see if they can garner support from their fellow legislators to pass new laws that can be considered by them “acceptable.” Until that time comes, the hard line conservatives should learn to live under the rules of a country they profess to love and respect.