Let's put it in perspective at the United States Supreme Court, which hears maybe 60 cases a year, most of the cases are resolved without much dispute. The 10 or 15 that are controversial we all know about, and we hear about. The federal courts hear just a tiny sliver of the cases that go to court in this country. Most of the cases are in the state courts. And most legal issues never go to court. So, the legal system is actually not in jeopardy. At the same time, access to law is in jeopardy.
Martha MinowI understand the politics of the situation, I think that many Republican members of the senate believe that,get out the vote move. They can indicate that they're strong for their base. But the Constitution's pretty clear. The president Donald Trump has to nominate someone. The senate can choose to disapprove. There's nothing in their Constitution that says the grounds upon which they must vote. But to refuse even to meet with the individual, or to have the process go forward, that's just pure politics.
Martha MinowOf course, in the states, about half the states elect their judges, and that's an even more direct involvement with politics. But I think it's not the same as the elections of many other candidates. People who run for the judiciary, I think are pretty careful to indicate that they will adhere to the rule of law.
Martha MinowI have to be honest and say members of both political parties have contributed to de-legitimization of the process. Even President Barack Obama when he was a senator, contributed to it, in the sense of voting against a well-qualified individual because he disagreed with the view. Again, that's the prerogative of the senators. They're allowed to express their views on any basis.
Martha MinowOne of the paradoxes of liberal societies arises from the commitment to tolerance. A society committed to respecting the viewpoints and customs of diverse people within a pluralistic society inevitably encounters this challenge: will you tolerate those who themselves do not agree to respect the viewpoints or customs of others? Paradoxically, the liberal commitment to tolerance requires, at some point, intolerance for those who would reject that very commitment.
Martha MinowThe United States Constitution builds politics right into the process of selecting federal judges. This third branch, the judiciary, is designed to have a longer view. To have individuals who are more insulated from politics. They're not elected directly. They're appointed for life. So, politics enters, but it's also, controlled. And if you bypass this process, I'm not sure what we do.
Martha MinowIn I'm Not A Racist, But..., Lawrence Blum offers answers for our time about what race is, who is a racist, and ways for people to talk about the racialized features of our society without falling into name-calling or defensiveness. With exemplary moral and analytic clarity, Blum offers educators, students, lawyers, judges, leaders, and citizens tools for building a nation of equality, comity, and respect for each person.
Martha Minow