Monday, December 19, 2011

A Possible Upside To One Of Newt Gringrich 's Judicial Ideas ?

Newts comments on the Judiciary have got some push back from the right. See Gingrich on Judicial Review via The Volokh Conspiracy and a rather aggressive article pushing back at Gingrich and the Constitutional Order

I am pretty much in the push back camp. Though over at Mirrors of Justice ( Catholic Legal Blog Site) on person makes the argument that at least as to one proposal this could be an useful way for the branches to "signal" each other. See The Signaling Function of Suggested or Threatened Impeachment. This seems to be based on the view that Impeachment of Judges is so hard to do that it would be rarely occur. That may be so and I suppose that has merit. But I am still in the skeptical camp. I think even bringing a charge of impeachment , even if unlikely to succeed , is a serious matter.

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