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Are Judges Just Politicians in Robes?

Originally published at http://www.commondreams.org/views/2021/02/22/are-judges-just-politicians-robes

“Trump managed to appoint 231 federal judges, plus three new Supreme Court justices, an enviable record”

I hope you meant "appalling record", as otherwise you’re a nitwit, Mr Zirin!


Today there is some reporting that the government was behind the killing of Malcom x ??? Is this the US Justice system???

Rich white males can attempt an overthrow of an election killing people and nothing happens.------a poor person has a joint they get ten years.

Trump uses the Courts as a toy to protect his evil doings and they look the other way.-----A black kid accused of stealing a backpack asks for a trial spends two yrs in Rikers waiting for a trial???

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From the article:

“Those words were written by an Obama appointee, Matthew Brann, a former Republican official and member of the conservative Federalist Society.”

No comment.


We have entered a period of discussion on the Courts and in so doing I really hope people will look at and make a file on the legal precedents dating before the founding. This is really important because the founding used older precedents to frame as it did.

The Doctrine of Discovery has been key in the setting of premises that underlie practices connected to all that is happening and why law is scrambling to stem the tsunami of extractive actions flowing over the bed laid before.

Please bookmark, download and keep as a reference file … its more than worth the time.


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this question is harder than it appears because it depends on what you mean by “politicians”.

Trump’s version of politics is more akin to the mob’s conception of “family”. You get bought, you stay bought.

If you study Law and Society as a discipline, on the other hand, there are competing theories of how courts behave, and those theories often are time bounded, meaning they shift as a culture shifts or appointment culture shifts. Sometimes courts are ideological, which is probably the way to conceive of the politicization of current courts. In that sense, they are politicians in robes. But thinking of them as “priests” is probably more useful.

Other times, judges conform to the traditions of the institution, as often happens in SCOTUS. But SCOTUS has also had long periods of being highly political and activated (late 19th century, one of the worst).

Personally, I find them classist (especially in criminal courts where defendants of affluence are given more chances and more lenience based on their membership) as well as ideologically motivated.

But they are rarely personal fiefdoms. Even for the people that got them there.


Family Court is a whole nother animal.

Judges are GOD. They can do absolutely anything they like with no consequences. And there is nothing to enforce any semblance of reasonableness on them. There are a few that at least try to be good judges, but the bad ones are left to rule their subjects as they will.

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