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* Illinois Supreme Court Chief Justice Thomas Kilbride…
“We aren’t legislators in robes.”
A judge can only base his decision on his interpretation of legal precedent and the law, he explained.
See this post for context.
posted by Rich Miller
Thursday, Mar 21, 13 @ 11:39 am
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Judge Kilbride is of course correct. The most impact the courts have on legislation is to declare it unconsitutional and force the G.A. to scramble to adopt corrective legislation that falls within the court-defined parameters.
Comment by Jake From Elwood Thursday, Mar 21, 13 @ 11:44 am
“Dang it, Capitolfax, we’re judges, not …not legislators!”
“It’s just ‘Kilbride’, CapFax readers.. Ladies and gentlemen of CapFax, I’m just a Judge. Your legislative world frightens and confuses me! Sometimes the banging of gavels of your Speaker or your President makes me want to get out of my BMW.. and run off into the hills, or wherever.. Sometimes when I get my Captiol Fax on my fax machine, I wonder: “Did little demons get inside and type it?” I don’t know! My Judicial mind can’t grasp these concepts. But there is one thing I do know - Voting on Legislation that comes before me is an ‘interpretation of legal precedent and the law’ and not legislating from the bench. Thank you.”
Comment by Oswego Willy Thursday, Mar 21, 13 @ 11:53 am
Kilbride is correct.
It is the legislature’s job to make difficult policy decisions.
It is the court’s job to decide whether the legislature has made lawful decisions.
Comment by titan Thursday, Mar 21, 13 @ 12:14 pm
Oswego Willy, I dont get it
Comment by huh? Thursday, Mar 21, 13 @ 12:25 pm
Tell it to Justice Scalia.
Comment by wordslinger Thursday, Mar 21, 13 @ 12:30 pm
- huh? -
Sometimes, my mind goes places.
It’s out there.
To the Post,
I understand where Judge Kilbride is trying to do and say. It is a fact that the Courts can only rule on what is in front of them, and while they may agree/disagree on legislation, their rulings are only based on what is in front of them, and based on…”his interpretation of legal precedent and the law”. Its not like the Courts go out of their way, on their own to “look for trouble” as others might think.
Comment by Oswego Willy Thursday, Mar 21, 13 @ 12:32 pm
Me neither, huh?
Comment by Anonymous Thursday, Mar 21, 13 @ 12:33 pm
- Anonymous -
That I believe…or are you just poking bears?
Comment by Oswego Willy Thursday, Mar 21, 13 @ 12:37 pm
Metaphors are tough for you, - Anonymous -. Maybe if you ever gave straght answers …but I digress.
To the Post,
- wordslinger -, do you think, since we elected judges all the way up the ladder, generally (retention only after appointment at times), do you think SCOTUS has been more apt to legislate from the bench, or Illinois judges? Not looking for example after example, just your thoughts …
Comment by Oswego Willy Thursday, Mar 21, 13 @ 12:45 pm
Willy, I think a lifetime appointment can be quite liberating.
Comment by wordslinger Thursday, Mar 21, 13 @ 12:51 pm
lol… “Poking Bears”
You are embarrassing yourself again. Go poke some other and then say they are harassing you. For someone who thinks so little of me, boy you like trying to mix it up.
Comment by Oswego Willy Thursday, Mar 21, 13 @ 12:52 pm
- wordslinger -, agreed. I would say their are more justices on the Supreme Court that have “surprised” those watching them, then those in Illinois who face the voters.
On that same line of thinking, the lifetime appointment gives the opportunity to go beyond what others think you WILL do, and rule as you see you SHOULD. This part of the judicary, (Fed v. State) always fascinates me.
Comment by Oswego Willy Thursday, Mar 21, 13 @ 12:57 pm
Don’t you just love these simplistic philosophical gems! The real world is much more complicated and interconnected. Political and judicial philosophy are inevitably connected and the Justice knows it all too well. It’s a question of how much they intersect and overlap. Over forty years of being part of the legal system I could not begin to count the number of times I’ve seen this balancing act played out. I can add only that I believe that is the way it should be. BTW having seen both sides, I favor lifetime appointments.
Comment by Old and in the Way Thursday, Mar 21, 13 @ 2:09 pm
Word: just what I was thinking. Then again, I’ll repeat it for emphasis:
“Tell it to Justice Scalia”
Scalia has been the posterboy for legislating from the bench, while publicly criticizing that practice for years.
His questions and statements have gotten so bad this past year, I have seriously wondered if he’s still compos mentis.
Comment by walkinfool Thursday, Mar 21, 13 @ 2:50 pm
I would say in Illinois, politics is a much more important factor for judges than judicial philosophy. In fact, after decades of close observation, I’m not sure that all of the Supreme Court justices have judicial philosophies. But many sure have close relationships with politicians.
But what do I know, I’m just a caveman-lawyer.
Comment by Anonymous Thursday, Mar 21, 13 @ 2:51 pm
I wish some of the lower courts felt the same way.
Comment by Hacks Thursday, Mar 21, 13 @ 3:00 pm
I think Rich ought to take Oswego Willie’s odd rant and make THAT the quote of the day for tomorrow.
Comment by Bush Twins Thursday, Mar 21, 13 @ 4:27 pm