« "They hate our freedom" | Main | Greg Byrne is a Liar »

December 18, 2006

Conservatives Admit Judicial Bias (Sort Of)

There is only one way to interpret the fear conservatives have about losing the majority in the 4th Circuit U.S. Court of Appeals: they know "their" judges are biased to the right and they fear a neutral or even leftward bias. With three or four impending openings in the Court and Democratic control of Congress, "one of the nation's most conservative and influential courts could soon come under moderate or even liberal control." The Court covers Maryland, Virginia, West Virginia, and North and South Carolina. But many of its decisions have affected the entire country.

Some of the 4th Circuit's best-known rulings, upheld by the Supreme Court, include striking down a law allowing rape victims to sue their attackers in federal court and preventing the Food and Drug Administration from regulating tobacco.

In 1999, the 4th Circuit overturned the requirement that police read suspects their rights before interrogating them. The Supreme Court later reaffirmed the Miranda rights.

During the Bush administration, the 4th Circuit has been the court of choice on national security, issuing key rulings that backed the government on the detention of enemy combatants and the prosecution of Sept. 11, 2001, conspirator Zacarias Moussaoui.

I'm glad some moderation could soon be coming to this clearly biased court. However, it's high time we all stopped buying into this charade that judges always set aside their personal biases in the courtroom or that they are any less susceptible to catering to special interests than any other human being. Conservatives are the most vocal about activist judges, but their side is equally guilty of judicial activism, as evidenced by their fear of a potentially moderate 4th Circuit Court.

Posted by Becky at December 18, 2006 10:00 AM