this post was submitted on 29 Aug 2023
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The conservative chief justice of the Wisconsin Supreme Court on Monday told the new liberal majority in a scathing email that they had staged a “coup” and conducted an “illegal experiment” when they voted to weaken her powers and fire the director of state courts.

Chief Justice Annette Ziegler, in two emails obtained by The Associated Press, said that firing and hiring a new state court director was illegal and ordered interim state court director Audrey Skwierawski to stop signing orders without her knowledge or approval.

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[–] Tedesche@lemmy.world 14 points 1 year ago (6 children)

I hope people can admit that regardless of which political "side" judges are supporting, a judge allowing their political ideology to influence their decisions is a violation of their station. Judges are supposed to use their knowledge, expertise, and experience to rule on how our existing laws should be enforced, based on their original intent, sometimes in the context of circumstances their original authors didn't take into account. Obviously, the influence of one's political inclinations cannot be completely eliminated, but I feel like we've reached a point where judges—particularly those in our highest courts—are abusing their positions of power to advance their own political views. Sometimes, old laws do not make room for new circumstances, and new laws must be passed by legislative bodies instead of simply reinterpreting old laws for the convenience of modern times.

If our judges don't hold to these limitations and instead allow their political views to dictate their rulings, legal precedent ceases to have any meaning, and our laws will become nothing more than pendulums, the meaning of which will always depend on the justices in power at the time. This is not what the founders of our government intended and is no basis for a stable legal system regardless of their intent. This has to stop. If it continues, our legal system is steadily going to lose more and more credibility, and that is a surefire road to the disintegration of society into anarchy and war. This is exactly what our national enemies want.

[–] Pattern@lemmy.world 3 points 1 year ago (1 children)

Historically this is nothing new. Looking at SCOTUS alone, the Marshall court, the Taney court, and the Warren court are all examples of moments where the courts have moved jurisprudence in substantial ways based on ideology. You want justices that, for the most part, will exercise restraint and seek to interpret laws in good faith. I agree with that. But I think it’s important to know that courts have been ideological since the very beginning.

[–] Tedesche@lemmy.world 2 points 1 year ago

Fair point, which is why i conceded true ideological impartiality was impossible. Idk, maybe it's just me, but I'm 41 years old and I feel like partisanship in high courts in the U.S. has gotten much worse in the past decade or so.

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