Judges

October 17, 2020

This week Amy Coney Barrett went through the Senate Judiciary Committee hearings. Today I voted. Tonight I watched "The Trial of the Chicago 7".

This week I was reminded of the importance of the judiciary, the blindness we have when it comes to the judiciary and the inability of we the people to judge the judges.

Colorado's electoral process allows for the people to cast a confidence vote for judges. Each elector is provided a blue book that captures the amendments, the propositions and a committee's survey results of the judges on the ballot. The survey notes the demeanor of the judge, the percentage of approval for that judge from lawyers and judges, and the committees opinion on whether the judge should remain in their position.

The judges are appointed but the people vote to keep them.

The problem with this:

  1. It is not easy to get the judges records and ruling on cases. It is not easy to see where the judge stands on issues that may be near and dear to your heart. Is the judge an originalist like Amy Coney Barrett? Is the judge unable to see how the constitution of a state or a nation is a living breathing document that is meant as a framework, not a dogma?
  2. How many people actually interact with the judicial branch at the levels I am voting for? Who does this judge affect more day to day? How has this judge ruled when presented with a majority of low income minority cases? Is the judge friendly to large corporations because of the lawyers that were involved?
  3. How do you find anything out about the judge? Lawyers and those in the legal field know how to comb legal records. Have connections that will discuss which judge is friendly under which scenarios?
  4. When were the surveyors in the courtroom? Was it prelunch? Was it post? Hungry?

The Trial of the Chicago 7 was an Aaron Sorkin piece that was striking because of the similarity to the situation we currently find ourselves in. we are at the behest of strong men playing games in the shadows with people's lives, rights and futures. We have seen how the McConnell senate has reshaped the courts for a lifetime to come and this movie shows the danger of the court in a political trial.

Amy Coney Barrett showed this week that the courts are political. By non-answers on basic facts and laws, she was signaling to the administration and the Right that there was no need to worry and she would be the stalwort she has guaranteed to be.

It is in these times that we must be radical. We must take the approach that all of the branches of our political system are political by nature. We need to fundamentally understand what judges do and how we the people are their bosses, not they ares.

Also, watch "The Trial of the Chicago 7".