Christian Leftist

In keeping with the spirit of this post on the mess that is the home nursing industry, here’s an article from Yahoo discussing today’s Supreme Court decision that said that health care workers who are employed at home are not entitled to either minimum wages or overtime pay.

Well, that’s one way to make someone’s wiping your Aunt Crotchety’s butt for $4.50/hour more like a human being.

I love Pennsylvania these days. We seem to be the testing ground or battleground for a number of fascinating ventures: grassroots activism (of the kind that kicked Rick Santorum out of office), illegal immigration (Hazelton, PA), intelligent design (Dover, PA), the Allegheny County smoking ban (which the Commonwealth Court just overturned on the basis that the county had no authority to enforce an ordinance on large restaurants), and Rep. Darryl Metcalfe’s nationwide campaign to pass state laws cracking down on illegal immigrants. It was only a matter of time before the ire over judicial decisions evolved into a new form of political theatre: a world in which judicial candidates can and will speak their personal opinions on legislation that might come before them in the future.

Last Monday, a federal judge in Philadelphia said that the Judicial Conduct Board cannot enforce a section of the Judicial Code of Conduct that stops candidates from voicing their positions on present or future disputed legal or political issues. The article that discusses this decision in detail is from the Pittsburgh Post-Gazette.

Why is this such a big deal? Because it is an unwritten rule within the American Bar Association that politics are best left out of judicial appointments. I know that sounds strange, but in essence, this means that the ABA wants judges appointed who are the most qualified for the bench (or maybe the prettiest). Remember when Samuel Alito refused to answer any questions on abortion during his confirmation hearings? Although the Supreme Court seems to be the lone exception when it comes to mud slinging at candidates, Alito still maintained that it would not be ethical for him to predict his decisions on cases that might come before him on the Supreme Court.

The current model is to cite experience on past cases and let voters decide how they think a candidate might vote on a subject based on past decisions. Whether or not the threat of punishment by the JCB stifles the free speech of potential judges is a murky question. The violation of the “appears to commit” clause, a section of Pennsylvania law appended after a Supreme Court decision in 2002 (in which statements that show a candidate’s likelihood to have pre-formed opinions on a subject and therefore a lack of impartiality in new cases were allowed to be expressed) is the snowball that set this recent Pennsylvania case in motion. If I am interpreting the news article correctly, the Philadelphia decision has taken the U.S. Supreme Court decision, called Republican Party of Minnesota v. White, one step further: it has concluded that the state’s amended “appears to commit” clause is illegal or unconstitutional.

Whether or not the case will survive an appeal is unclear. What is perfectly clear is the potential damage the cloud of negative campaigns that disgrace the typical political campaign would have on the justice system if state and local judges had to agree with the majority views on social issues in order to gain or keep their jobs. Instead of leaving their personal partisan opinions at the door when they don the robes, judges would carry the weight of thousands of small-minded, geographically-based, socio-economic views into the courtroom with them. You could have identical criminal cases two towns apart where the legal precedent for a minimum sentence was clear, yet one judge imposes a fine and the other imposes a 15-year sentence. The potential implications of all nationwide judicial appointments “going negative” is enormous.

Is free speech absolute in this country? No. You can’t yell “Fire!” in a crowded cinema or make threats to kill people. Those examples represent forms of speech that could potentially endanger lives. The political opinions of judges may indirectly threaten the lives of innocent people, but I doubt that anyone could prove it to the point that it becomes constitutionally infallible. Something to think about.

After all, that judge you’ll be standing across from for speeding shouldn’t be somebody who has promised to lock up all reckless drivers under 35.

Or should he?