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Josh Marshall

Josh Marshall is editor and publisher of TalkingPointsMemo.com.

Articles by Josh

A TPM Reader with a question for Sen. Cornyn ...

Sen. Cornyn hypothesized that violent acts against judges are the work of people reacting against "unaccountable political decisions" by judges. Really? Perhaps the Senator could flesh that theory out a little to Judge Joan Lefkow of Chicago, who recently endured the murder of her husband and mother. Is that one of the "episodes of courthouse violence" that Cornyn refers to? Exactly what unaccountable political decisions did Judge Lefkow make that led the deranged Ross to brutally murder her family? Cornyn owes Judge Lefkow an apology for this apalling and outrageous comment.


The Lefkow case clearly was one of the instances of violence Cornyn was referring to. That, and presumably the murder of Judge Barnes in Atlanta.

In case you haven't stopped by our Special Edition Bankruptcy Bill blog recently, Professor Elizabeth Warren has posted a detailed response to Judge Richard Posner's and economist Gary Becker's blog endorsement of the Bankruptcy Bill.

One of the great weaknesses of blogs, across the political spectrum, is the repeated and convulsive expression <$Ad$> of more or less contrived outrage. Of course, some of the folks are just outrage-addicts and so it's not contrived, but more of an addiction. But same difference.

Yet at the risk of committing the sin I've just described or the malady I've just diagnosed, I invite everyone to again look at this statement today from floor of the United States senate in which Sen. Cornyn (R) Texas suggested that a slow build-up of outrage against activist judges may be the root cause of the recent rash of murders and assaults against members of the judiciary around the country.

(Bear in mind that Cornyn is a former District Court judge, a former member of the Supreme Court of Texas and a former Texas Attorney General.)

I'll print it one more time ...

I don't know if there is a cause-and-effect connection but we have seen some recent episodes of courthouse violence in this country. Certainly nothing new, but we seem to have run through a spate of courthouse violence recently that's been on the news and I wonder whether there may be some connection between the perception in some quarters on some occasions where judges are making political decisions yet are unaccountable to the public, that it builds up and builds up and builds up to the point where some people engage in - engage in violence.
Let alone the fact that the statement is ridiculous on its face since violence against judges in this country is almost exclusively the work of disgruntled defendents or homicidal maniacs who manage to wrestle a gun away from a bailiff, what Cornyn is trying to suggest here seems genuinely outrageous.

I'm curious to know whether you agree.

Late Update: The Post has picked up the story. And if anything, the context of the statement some of which they provide, makes the statement even more of a stunner. The passage I quoted above was apparently preceded by this: "It causes a lot of people, including me, great distress to see judges use the authority that they have been given to make raw political or ideological decisions. [Sometimes] the Supreme Court has taken on this role as a policymaker rather than an enforcer of political decisions made by elected representatives of the people."

Still A Later Update: Let's not forget that Sen. Cornyn is a wholly-owned subsidiary of the Bush White House.

I think we may have found the Achilles' heel of the House Republican majority: Incompetent schedulers.

It was barely two weeks ago, you'll remember, when President Bush came to Albuquerque to hold a Bamboozlepalooza event in Rep. Heather Wilson's (R) district. But, Wilson couldn't be there because she was "on a long-planned trip with her husband and two children."

And now it seems the same sort of snafu has cropped up happening again. Tomorrow morning, as we reported last week, President Bush is heading to Parkersburg, West Virginia to get an up close look at his legacy. That is to say, he's doing a walk through of the Bureau of Public Debt. That's where he'll check out the Treasury notes in the Social Security Trust Fund, the ones he wants the country to default on.

The other reason for making a pit stop in Parkersburg is to do an event in the district of Conscience Caucus member, Rep. Shelley Moore Capito (R). Unfortunately, according to her staff, Capito won't be able to make it because she has a previously scheduled meeting to discuss medical malpractice suit abuse with West Virginia doctors visiting Washington.

In other news, Capito had a recent profile in courage moment when she said: "I'm glad I'm undecided. I don't want to react to something that's never going to come down the pike."

That's really weaseltude for the ages.

(ed.note: Notes of thanks to TPM Readers RP, RM and JEH.)

Apropos of Sen. John Cornyn's suggestion today that judicial activism may be an underlying cause of the rash of murders of judges and their families, perhaps the Democrats need to introduce a sense of the senate resolution condemning those who threaten violence against judges or offer excuses for those who commit violent acts against members of the bench.

Amazing.

I'm told Sen. John Cornyn (R) <$NoAd$> of Texas just said the following on the senate floor ...

I don't know if there is a cause-and-effect connection but we have seen some recent episodes of courthouse violence in this country. Certainly nothing new, but we seem to have run through a spate of courthouse violence recently that's been on the news and I wonder whether there may be some connection between the perception in some quarters on some occasions where judges are making political decisions yet are unaccountable to the public, that it builds up and builds up and builds up to the point where some people engage in - engage in violence.


So the recent murders of judges and their families are blow-back from widespread judicial activism?

Suddenly the folks in robes are like the girl who dresses too provocatively to the fraternity dance.

And who knew Cornyn and crew wanted to embrace Brian Nichols, the accused rapist who murdered Fulton County Superior Court Judge Rowland Barnes and three others last month, as one of their own?

TPM Reader JC makes a good point: Do you wanna trust Tommy Lasorda with your Social Security after what he did to Orel Hershiser's arm? I didn't think so.

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