Tuesday, August 2, 2011

Judicial independence? Or infallibility?

I have been getting caught up on my past issues of Indiana Lawyer and I came across an article from June discussing the impact of unpopular decisions like Barnes v. State on the judiciary.  The article is called "Touched by Controversy: 'Unpopular' rulings, public outcry can test courts and judicial independence." Sigh!
In the history of court controversies, a recent ruling by the Indiana Supreme Court has created public outcry and calls for change in ways that few others do.

But it’s not alone.

The courts have faced a handful of issues through the years pitting judges against public opinion, from a federal ruling on school desegregation in the 1970s to the governor criticizing a ruling that struck down the state’s voter ID law as unconstitutional in 2009. Trial and appellate judges once faced common law liens on their property from people upset about particular decisions, and the judiciary has stood up to attacks from lawmakers and residents who’ve taken issue with a holding that’s seen as “unpopular.”
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