Buffalonian attacked

[Mickey]

The republican party's or rather, the lunatic wing of the republican party's, attack on the independence of the judiciary is now being directed at a former Buffalonian and much admired conservative, Judge Frank Easterbrook of the 7th Circuit Court of Appeals. He is so republican that his middle name is Hoover. He was born in Buffalo in 1948 and was appointed by President Reagan in 1985. He is well known for his academic work in the field of corporate law and frequently appears on the list of potential Supreme Court nominees. His brother, Gregg Easterbrook is a noted author and is the editor of The New Republic.

 

Judge Easterbrook is now being attacked by Rep. Jim Sensenbrenner (R-Wisc) who just happens to be chairman of the House Judiciary Committee. Sensennbrenner is pulling a Schiavo, attempting to dictate the decision he, as a politician, wants to Judge Easterbrook by writing a letter to the court intervening in a drug case appeal. The defendant was found guilty and sentenced to 8 years but sentencing laws actually require a sentence of 10 years. The prosecutors however, did not appeal the sentence. Accordingly, Judge Easterbrook reluctantly affirmed the sentence. That sparked Sensenbrenner to write to Chief Judge Joel Flaum to complain about the ruling and demand a different result. The age old, first year in law school rule here is that any argument not raised on appeal is deemed abandoned. Even so, Sensenbrenner wants Judge Easterbrook to hear and decide an appeal never brought and what is more, is telling the judge how to rule. The Chief Judge of the 7th Circuit, sensibly, declined pointing out the illegality of considering "Super Judge" Sensenbrenner's letter.

 

Politicians intervening in pending cases to demand a particular result, how wonderfully fascist. Picture a spectrum with an independent judiciary on one end and kangaroo courts on the other and then consider in which direction this nudges us.

 

Here is a great interview with Judge Easterbrook where he states:

 

"...the Bills still hold a special place in my heart--as do the bottomless pits in Star Wars, which demonstrate that once civilizations have achieved sufficient technological progress OSHA will wither away. "

 

Attack on the Courts?

 

I hope the adults in the Republican Party will smack Sensenbrenner upside the head and tell him to shut up already.