September 30, 2005

Half of U.S. Sees "Judicial Activism Crisis"

Link: HALF OF U.S. SEES %u2018JUDICIAL ACTIVISM CRISIS%u2019.

More than half of Americans are angry and disappointed with the nation’s judiciary, a new survey done for the ABA Journal eReport shows.

A majority of the survey respondents agreed with statements that "judicial activism" has reached the crisis stage, and that judges who ignore voters’ values should be impeached. Nearly half agreed with a congressman who said judges are "arrogant, out-of-control and unaccountable."

The survey results surprised some legal experts with the extent of dissatisfaction shown toward the judiciary. "These are surprisingly large numbers," says Mark V. Tushnet, a constitutional law professor at Georgetown University Law Center in Washington, D.C.

"These results are simply scary," adds Charles G. Geyh, a constitutional law professor at Indiana University School of Law in Bloomington.

The Opinion Research Corp. conducted the survey, calling 1,016 adults throughout the country in early September. Participants included 505 men and 511 women aged 18 or older. Due to the effects of Hurricane Katrina, residents of Alabama, Louisiana and Mississippi were not polled.

Calls were made to a random sample of American households. Those surveyed were asked questions about their age and education levels, and were asked to give one of six answers—strongly agree, somewhat agree, neither agree nor disagree, somewhat disagree, strongly disagree or don’t know—in response to public statements criticizing the judiciary.

Fifty-six percent of the respondents strongly or somewhat agreed with the opinions expressed in each of two survey statements:

A U.S. congressman has said, "Judicial activism … seems to have reached a crisis. Judges routinely overrule the will of the people, invent new rights and ignore traditional morality." (Twenty-nine percent strongly agreed and 27 percent somewhat agreed.)
A state governor has said that court opinions should be in line with voters’ values, and judges who repeatedly ignore those values should be impeached. (Twenty-eight percent strongly agreed and 28 percent somewhat agreed.)
Forty-six percent strongly or somewhat agreed with the opinion expressed in a third statement:

A U.S. congressman has called judges arrogant, out-of-control and unaccountable. (Twenty-one percent strongly agreed and 25 percent somewhat agreed.)

Posted by Anupam Chander on September 30, 2005 at 10:26 AM in Law School | Permalink