Dictatorship is the danger
A Reagan-appointed supreme court justice voices her fears over attacks on US democracy
Jonathan Raban
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Delivered by someone who was, until recently, one of the nine guardians of the US constitution, these are spine-chilling opinions, and you might have thought they'd have been all over the papers the next day. Not so. I happened to catch Totenberg's NPR report last Friday, and have been following up references to it. A cable TV talkshow and a handful of blogs have mentioned Totenberg's piece: otherwise there's been a disquieting silence, as if the former justice had laid an unsavoury egg and had best be politely ignored.
Why did O'Connor choose such a closed forum to air her thoughts? Why was Totenberg the only reporter present? The possibility that America is sliding toward dictatorship or an unprecedented form of corporate oligarchy ought to be a matter of world concern. And if O'Connor believes what she is reported to have said, surely she owes it to the world to make public the prepared text of her remarks, which so far have the dubious character of the scores of unverifiable leaks that have passed for news in the compulsively secretive world of the Bush administration. It's unsurprising that, say, Colin Powell chooses to leak rather than speak out, but when a supreme court justice prefers to whisper her fears to a coterie audience, it's hard to avoid the inference that the whisper itself speaks volumes about the imperilled democracy it purports to describe.
Death threats to judges figured importantly in O'Connor's speech, with good reason. Last year, an Illinois federal judge found her husband and mother murdered, and a Georgia state judge was shot dead in his courtroom. Within days, Senator John Cornyn of Texas mused: "I wonder whether there may be some connection between the perception in some quarters, on some occasions, where judges are making political decisions yet are unaccountable to the public, that it builds up and builds up and builds up to the point where some people engage in violence." DeLay, speaking of the judges who had ruled that Schiavo be allowed to die, said: "The time will come for the men responsible for this to answer for their behaviour."
These are peculiar times, and when Republican politicians appear to endorse the killing of judges who make rulings of which they disapprove, it's maybe understandable that a distinguished judge like Sandra Day O'Connor, expressing views calculated to enrage Republican politicians, might sensibly look to a small podium with a weak sound system for fear of being heard too clearly by the likes of Cornyn and DeLay.
http://www.guardian.co.uk/comment/story/0,,1729345,00.htmlNina Totenberg's report is at:
http://tinyurl.com/lt5ls