McFarland right to defend judiciary

Our editorial today applauds the recent comments by Kansas Supreme Court Chief Justice Kay McFarland defending the judiciary. She argued that the “activist” charges arise when people don’t like rulings. And she noted the inconsistency in the charge: Massachusetts’ high court was “activist” because it overturned existing law to allow gay marriage, but state and federal courts were “activist” because they refused to make new law to keep Terri Schiavo’s feeding tube from being removed.
Courts certainly aren’t above criticism or reform. But McFarland is right to worry about whether the current demagoguery will erode the public’s trust in the legal system and undermine the integrity and independence of the judiciary.
Posted by Phillip Brownlee

5 Comments

  1. Joe Williams
    Posted December 9, 2005 at 1:25 pm | Permalink

    I completely agree with Justice Kay McFarland comments.

  2. Anon
    Posted December 9, 2005 at 1:50 pm | Permalink

    Activist Judge = One who renders an opinion with which you don’t agree.

  3. Rage
    Posted December 9, 2005 at 2:32 pm | Permalink

    At the risk of sounding like a fan of you-know-who: Ditto.

  4. TRACY
    Posted December 9, 2005 at 2:35 pm | Permalink

    What? You mean that GW and congress weren’t taking the moral high ground when they lashed out at ‘activist judges’?

  5. Outlander
    Posted December 9, 2005 at 4:17 pm | Permalink

    Judge McFarland must read Fox news.

    http://www.foxnews.com/story/0,2933,157313,00.html