Justice Kennedy draws criticism
By Dana Milbank
The Washington Post
WASHINGTON — Supreme Court Justice Anthony Kennedy is a fairly accomplished jurist, but he might want to get himself a good lawyer — and perhaps a few more bodyguards.
Conservative leaders meeting in Washington on Friday for a discussion of "Remedies to Judicial Tyranny" decided that Kennedy, a President Reagan appointee, should be impeached, or worse.
Phyllis Schlafly, doyenne of American conservatism, said Kennedy's opinion forbidding capital punishment for juveniles "is a good ground of impeachment." To cheers and applause from those gathered at a downtown Marriott hotel for a conference on "Confronting the Judicial War on Faith," Schlafly said Kennedy had not met the "good behavior" requirement for office and that "Congress ought to talk about impeachment."
Next, Michael Farris, chairman of the Home School Legal Defense Association, said Kennedy "should be the poster boy for impeachment" for citing international norms in his opinions. "If our congressmen and senators do not have the courage to impeach and remove from office Justice Kennedy, they ought to be impeached as well."
Lawyer-author Edwin Vieira told the gathering Kennedy should be impeached because his philosophy, evidenced in his opinion striking down an anti-sodomy statute, "upholds Marxist, Leninist, satanic principles drawn from foreign law."
Vieira said his "bottom line" for dealing with the Supreme Court comes from Joseph Stalin. "He had a slogan, and it worked very well for him, whenever he ran into difficulty: 'No man, no problem,' " Vieira said. The full Stalin quote is, "Death solves all problems: No man, no problem."
These are scary times for the judiciary. A judge in Atlanta and the husband and mother of a judge in Chicago were murdered in recent weeks. After federal courts spurned a request from Congress to revisit the Terri Schiavo case, House Majority Leader Tom DeLay, R-Texas, said that "the time will come for the men responsible for this to answer for their behavior." Sen. John Cornyn, R-Texas, mused about how a perception that judges are making political decisions could lead people to "engage in violence."
"The people who have been speaking out on this, like Tom DeLay and Senator Cornyn, need to be backed up," Schlafly said to applause Friday.
The conference was organized during the height of the Schiavo controversy by a new group, the Judeo-Christian Council for Constitutional Restoration. This was no collection of fringe characters: The two-day program listed two House members; aides to two senators; representatives from the Family Research Council and Concerned Women for America; conservative activists Alan Keyes and Morton Blackwell; the lawyer for Terri Schiavo's parents; Alabama's "Ten Commandments" judge, Roy Moore; and DeLay, who canceled to attend the pope's funeral.
The Schlafly session's moderator, Richard Lessner of the American Conservative Union, opened the discussion by decrying a "radical secularist relativist judiciary." It turned harsher from there.
Schlafly called for passage of a quartet of bills in Congress that would remove courts' power to review religious displays, the Pledge of Allegiance, same-sex marriage and the Boy Scouts. Her speech brought a subtle change in the argument against the courts from emphasizing "activist" judges — it was, after all, inaction by federal judges that doomed Schiavo — to "supremacist" judges.
"The Constitution is not what the Supreme Court says it is," Schlafly asserted.
Former Rep. William Dannemeyer, R-Calif., followed Schlafly, saying the country's "principal problem" is not Iraq or the federal budget but whether "we as a people acknowledge that God exists."
Farris then told the crowd he would block judicial power by abolishing the concept of binding judicial precedents, by allowing Congress to vacate court decisions and by impeaching judges such as Kennedy, who seems to have replaced Justice David Souter as the target of conservative ire. "If about 40 of them get impeached, suddenly a lot of these guys would be retiring," he said.
A Supreme Court spokeswoman declined to comment.
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