Washington Examiner / Magazine
January 15, 2019 Issue
January 15, 2019 Print Edition
Cover Story
Judicial independence is more than just a game
The late, great Justice Antonin Scalia once remarked, “The judge who always likes the results he reaches is a bad judge.” The principle underlying this axiom is lost on many, who instead render it the other way: Judges must automatically like the results they reach, because they reach the results they like. From there, politicians and pundits take it one step further, decrying any court ruling that deviates from their preferred policy outcomes as simply the result of jurists’ partisan bias. This hackneyed logic erodes the courts’ reputation as nonpartisan arbiters of the law. But it also has the more dangerous effect of conflating freedom to take an action with societal approval for such an action. This line of criticism has increased as President Trump nominates more judges to federal courts, but it is not new. On healthcare, same-sex marriage, or First Amendment freedoms, court decisions in recent decades have been distorted to brand judges improperly as partisan. Such clumsy or disingenuous analysis ignores the myriad examples of judges separating political preference from legal decisions and sets aside the fact that judges’ constitutional interpretations can vary widely. Dangerously, when commentary blurs the distinction between jurisprudence with preferred policies, the public ceases to view the judiciary as an independent branch of government. Instead, people begin to see the judiciary as another political branch, one that exists to impose its undemocratic political will rather than to protect...

Stories that matter—told with clarity and conviction.

Your Land

Feeling punchy
Magazine - Your Land
Feeling punchy
Perhaps in discussions of Louis C.K.’s half-baked material that leaked online in the past week, some self-appointed guardian...
Name-calling
Magazine - Your Land
Name-calling
Putting to rest any question of whether Democrats were happy with Nancy D’Alesandro Pelosi returning to her role...
Trump’s 700-foot ice wall
Magazine - Your Land
Trump’s 700-foot ice wall
Perhaps nowhere is the fundamental unseriousness of our time more apparent than the extent to which pop culture...
Gone, baby, gone
Magazine - Your Land
Gone, baby, gone
American women have averaged fewer and fewer babies every year this decade, and the latest numbers show the...

Business

Wall Street wants more than hints of progress in US-China trade talks
Business
Wall Street wants more than hints of progress in US-China trade talks
American business leaders are on record acknowledging their country’s trade difficulties with China can’t be solved...
US Chamber’s 2019 ambitions collide with harsh political realities
Business
US Chamber’s 2019 ambitions collide with harsh political realities
The U.S. Chamber of Commerce plans to push Congress in 2019 for a massive infrastructure investment...

Washington Briefing

Magazine - Washington Briefing
Hemp tries to get over the hump
Three years ago, an American Indian tribe in Wisconsin watched in horror as their “industrial hemp”...
Business
Year of hacks prompts cyber collaboration, but shutdown forces pause
The hacks kept coming in 2018, with cyberattacks hitting brand names, marketers of consumer data, back-end...
Infrastructure
New Congress looks at driverless cars
Safety advocates and consumer groups have vowed to work with lawmakers in the new Congress to...
Immigration
The border-wall fight started long before Trump
In 2013, two years before Trump declared his intention to run for president, Republicans blocked passage...
Letter from editor
Democrats discover ‘rigged’ elections
Remember when it was bad to describe elections as “rigged?” Such terminology was Exhibit A, proving President Donald Trump’s anti-democratic...

Life & Arts

Stories that matter—told with clarity and conviction.