Rehnquist Decries Political Threats
By David Savage
Los Angeles Times

January 1st, 2005

Chief Justice William H. Rehnquist said in a statement to be released today that judges must be protected from political threats, including from conservative Republicans who maintain that “judicial activists” should be impeached and removed from office.
The public, the media and politicians are free to criticize judges, Rehnquist said, but politicians cross the line when they try to punish or impeach judges for decisions they do not agree with.

“The Constitution protects judicial independence not to benefit judges, but to promote the rule of law: Judges are expected to administer the law fairly, without regard to public reaction,” the ailing chief justice said in his traditional year-end report on the federal courts.

“A judge’s ‘judicial’ acts may not serve as a basis for impeachment. Any other rule would destroy judicial independence,” Rehnquist said. “Instead of trying to apply the law fairly, regardless of public opinion, judges would be concerned about inflaming any group that might be able to muster the votes in Congress to impeach and convict them.”

As the chief justice of the United States, Rehnquist leads the federal judicial system as well as the Supreme Court. Since taking office in 1986, he often has used his end-of-year report to set forth his views on controversies affecting the judicial system, including the controversy over political leanings of judges.

Despite Rehnquist’s reputation for conservatism, he has been just as willing to fault Republicans as Democrats when their actions and ideas threaten the courts.

In the late 1990s, he faulted Senate Republicans for blocking votes on the judicial nominees of former President Clinton. More recently, he faulted Senate Democrats for blocking votes on President Bush’s nominees.

In both instances, he said the nominees deserved a hearing and an up-or-down vote.

The chief justice, 80, has been absent from the Supreme Court since he disclosed in late October that he was being treated for thyroid cancer and there was speculation that he was about to announce his retirement.

But Rehnquist made only a brief reference to his illness in his end-of-year statement.

“On a personal note, I also want to thank all of those who have sent their good wishes on my speedy recovery,” he wrote.

Court officials said he has continued to work at home. And to the surprise of some people, he also has announced he plans to give the oath of office to Bush at his second inauguration on Jan. 20.

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