Rehnquist defends judges from repubs

From latimes

Rehnquist Sees Threat to Judiciary

WASHINGTON — Ailing Chief Justice William H. Rehnquist said today that judges must be protected from political threats, including from conservative Republicans who maintain that "judicial activists" should be impeached and removed from office.

"The Constitution protects judicial independence not to benefit judges, but to promote the rule of law: Judges are expected to administer the law fairly, without regard to public reaction," the chief justice, whose future on the court is subject to wide speculation, said in his traditional year-end report on the federal courts.

The public, the press and politicians are certainly free to criticize judges, Rehnquist said, but politicians cross the line when they try to punish or impeach judges for decisions they do not agree with.
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Since 2000, when Republicans took control of the White House and Congress, many conservative critics have focused their ire on "judicial activists" on the bench.

In his report, the chief justice did not name names, but instead spoke of his concern for the "mounting criticism of judges for engaging in what is often referred to as 'judicial activism.' "

House Majority Leader Tom DeLay (R-Texas), for example, has repeatedly threatened to impeach liberal-leaning judges for their rulings, such as the ban on school-sponsored prayers.

"A judge's judicial acts may not serve as a basis for impeachment. Any other rule would destroy judicial independence," Rehnquist said. "Instead of trying to apply the law fairly, regardless of public opinion, judges would be concerned about inflaming any group that might be able to muster the votes in Congress to impeach and convict them." "
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Last year, DeLay called for Congress to enact legislation that would remove certain issues, such as the Pledge of Allegiance, from the jurisdiction of the federal courts.

DeLay was reacting to the ruling by the 9th U.S. Circuit Court of Appeals that held that Congress' inclusion of the words "under God" in the Pledge of Allegiance used daily in the nation's schools amounted to an unconstitutional official endorsement of religion. The Supreme Court, though divided on its reasons, later set aside that ruling.

Although Rehnquist and DeLay may agree on the preferred outcome on these issues, the chief justice said the proper way to challenge a misguided ruling is to appeal it to a higher court.

"The appellate process provides a remedy" for those who believe a judge has erred, he said.
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He concluded that those failed impeachments strengthened the independence of both justices and presidents. Impeachment should not be used as a partisan and political weapon, he wrote, but instead should be reserved for instances of high-level corruption.

By coincidence, shortly after his book appeared, Rehnquist as chief justice was called upon to preside over the Senate impeachment trial of Clinton in 1999. At its conclusion, he announced Clinton's acquittal on all the charges.
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So, even conservative judge Rehnquist believes that the ultra-conservatives are going too far and are being completely unreasonable! The repugs obviously do not believe in truth or fairness and want to dispose of anyone who does not agree with their excruciatingly small-minded viewpoints. They do not want judges who will rule impartially, as judges should - they simply want judges who will do as they tell them to!