I've been thinking so much about how grateful I am to cover the court because the constraints of calm and civility are really palpable when you look across the street, and that, you know, I feel like the discourse has become so overheated that, you know, we talk about everything in the exact tone that seems to sort of preclude reason and to preclude the possibility of agreement.
Dahlia LithwickFor the most part, much of the legal world's attention has been focused on Donald Trump and his attacks on Gonzalo Curiel, the federal judge who is currently presiding over the Trump University fraud cases in California. Trump somehow managed to offend surprising numbers of establishment Republicans.
Dahlia LithwickI've been thinking so much about how grateful I am to cover the court because the constraints of calm and civility are really palpable when you look across the street, and that, you know, I feel like the discourse has become so overheated that, you know, we talk about everything in the exact tone that seems to sort of preclude reason and to preclude the possibility of agreement.
Dahlia LithwickAm I right in saying that the locust of this problem is simply that judges in America are half political animals and half oracular demigods?
Dahlia LithwickAaron Persky who is the judge who really I think it's fair to say there is a mob seeking to recall him because of what's perceived as a too-lenient sentence in a sexual assault case.
Dahlia LithwickThere's such a kind of complicated line between politics and the law and we don't sit around and say, hey, you know, what would Oliver Wendell Holmes have had to say to this.
Dahlia LithwickJudge [Gonzalo] Curiel has not said anything, and in fact, cannot say anything. But I would even broaden it out to, you know, judges who are victims of attack ads in say state Supreme Court elections can't talk back. Judges are really barred from commenting on this kind of huge public hue and cry.
Dahlia Lithwick