Thank you! Don't forget to confirm subscription in your email.
Diversity on the bench is critical. As practitioners, you need judges who 'get it!' We need judges who understand what discrimination feels like. We need judges who understand what inequality feels like. We need judges who understand the subtleties of unfair treatment and who are willing to call it out when they see it!
Judges wear legal professionalism and precedent as a mantel that secures legitimacy for their decisions. It's how they distinguish themselves from politicians or administrative agencies, while wielding power that is sometimes much greater than those democratically accountable actors.
Empires inevitably fall, and when they do, history judges them for the legacies they leave behind.
The bedrock of our democracy is the rule of law and that means we have to have an independent judiciary, judges who can make decisions independent of the political winds that are blowing.
Judges are like umpires. Umpires don't make the rules. They apply them. The role of an umpire and a judge is critical. They make sure everybody plays by the rules. But it is a limited role. Nobody ever went to a ballgame to see the umpire.
What is it that makes us trust our judges? Their independence in office and manner of appointment.
Judges are the people who have to protect the rights of individuals, have to protect the rights of minorities, have to protect the rights in the Constitution, have to protect the requirement that the executive and the legislature not simply exercise raw power but adhere to standards of reasonableness and constitutionality.
Today in Saudi, women are either at the mercy of their husbands or at the mercy of judges who tend to side with the husbands. The only circumstance that a woman can ask for a divorce or a 'khali' is when her husband is in total agreement with her or if she comes from a very powerful family who decide to back her up.
There's always room for improvement, but the judges are looking for big airs and stylish tricks.
Apparently a great many people have forgotten that the framers of our Constitution went to such great effort to create an independent judicial branch that would not be subject to retaliation by either the executive branch or the legislative branch because of some decision made by those judges.